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Ursprunglig artikel publicerad i: sverigesradio.se 27 Januari 2012 / Media
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Skriv utProfessor: The Swedish government using media to interfere in the legal process against Julian Assange
The international organization Reporters Without Borders published now the Press Freedom Index 2011-2012. Sweden's position down dropped severely from previous years, from the top position to a currently 12th place. This article explores possible reasons for this deterioration. The analysis focuses on the Swedish government allegedly interference through the media in the judicial process against Assange and issues of a prospective US extradition, and the most recent comments in the National Swedish Radio (25 of January 2012) by Sweden’s Prime Minister Fredrik Reinfeldt.
At only days from the UK Supreme Court judgement on the WikiLeaks founder extradition case, Reporters Without Borders published Press Freedom Index [1], 2011-2012. Sweden, which in previous years shared the top position with a few other countries, has now in the last period dropped down drastically, going backwards twelve places in the ranking! The Kingdom of Sweden is now behind the African Republic of Cape Verde, and presents the worst placing among all Scandinavian countries regarding press freedom.
The specific rationale for the ranking given to Sweden by the organization Reporters Without Borders is not stated in the Index-table itself [1]. Nevertheless, for those researching into the psycho-social “duck pond” phenomenon in the spheres of Swedish journalism and Press freedom in the past year, some aggravating issues emerge distinctly:
a) the Swedish mainstream media’s treatment of the Assange case [2], among other characterized by uncritical pro-authority repetition of official versions; b) the interference of the Swedish government – through national media - with regard to the judicial case against the Wikileaks founder Julian Assange; and, c) to a lesser extent in comparison with the serious issues above, a selective censorship or filtering exercised towards analyses published in the blogosphere (see “Opinions on Assange case and censorship in Swedish media”, Second-Opinion 24/2 2011) [3].
One notable ensuing paradox is that Wikileaks – whose very founder and frontrunner journalist/publisher is targeted by Sweden - has been recognized as one among main factor in the liberationist struggles [4], moving societies towards increasing press freedom during 2011. As Reporters Without Borders noticed in their report, the situation of some Arabic countries, such as Tunisia, has improved markedly in the Press Freedom Index.
While the Swedish “duck pond” phenomena in the context of media climate is analysed elsewhere [5], in this article I will focus in the interfering of the Swedish government in the so-called independent legal procedures around the case against Julian Assange.
The Swedish Prime Minister taking publicly the side of the accusers, before the trial even starts
Already in February 2011, referring to the Swedish case against Assange, Prime Minister Fredrik Reinfeldt declared publicly: [6] “It is regrettably. We have an independent legal system, which in this case it has furthermore acted according Swedish legislation. One has – under public prosecution – taken to court Julian Assange on accusations of rape”. And he added: “I can only regret that women’s rights and status weighs that light regarding these types of issues, in comparison with other type of theories put forward.”
Ensuing the interfering declarations above, first published widely in the Swedish press, some newspapers took away the original formulations [8] causing a regretfully jeopardy of former traditions of Press Freedom in Sweden. Dean paper Dagens Nyheter however did not retract, and PM Reinfeldt’s original expressions are still found on-line in DN.se; as well in Aftonbladet archives, according to Resume.se). [9]
Those believing in February 2011 that the expressions of the Head of the Swedish government were solely an accidental misunderstanding were much surprised to hear nearly the exact statement again a year later.
The 25 of January 2012, the National Radio Broadcasting network (SR) aired a call-in programme with Prime Minister Reinfeldt. Among the subjects in the listeners’ dialogue with the Prime Minister it “popped up” the extradition-issue of Julian Assange to the US. The item was announced in the context – as manifested in the program - of the international criticism raised against the Swedish judicial system. The SR labelled the subject in its website as “Comments about the purportedly pro USA extra-generous extradition agreements”[10].
The listener who raised this issue in the call-in program is in fact journalist Carina Rydberg, a known public supporter of the two Assange accusers and also notable for a persistent ad hominem anti-Assange campaign, as demonstrated in a variety of articles. For instance “Julian Assange’s defender from Hell”, in which she portrayed Assange’s defenders not only as enemies of feminism but of all “mankind” (Newsmill, 23/11 2010). [11]
[On important clarification: For the average Swede, “anklagelser”, in the context of criminal offences – would mean also “charges”; For instance, the Swedish version of Microsoft Word Thesaurus synonyms “anklagelser” also with “åtal” (prosecution in court) or “stämningar” (lawsuits). In other contexts “anklagelser” would mean “accusations”. On the other hand – also in the context of criminal offences or juridical issues – “suspected of” is translated as “minstänkt av”. Ergo, when a Swedish journalist, or government official, or any politician or member of the judiciary, etc., chooses to use “den anklagade Julian Assange” instead of “Assange mistänkt av” when addressing the public, even if not deliberately, is misleading it. The facts: Julian Assange has NOT been charged in Sweden or in any other country for any crime whatsoever.]
Rydberg opened by warning about the harsh criticism used by the international media panorama currently regards the Swedish administration of justice. She wondered how would Sweden proceed in case a further extradition of Assange is asked by the US, provided he is sent to Sweden by the UK “on the ground of ‘anklagelser’ of sex crimes”. And she answered her self, implying that in Sweden the judiciary is independent form the political sphere. Rydberg later developed on that the international concern on whether Assange would be given the same procedure Sweden had in “the Egyptians” case (the extraordinary renditions of political detainees in Swedish territory to CIA, by Swedish officials, to be transported to torture elsewhere) is countered by "the independence of the Swedish judiciary from the government".
Carina Rydberg:
- “What comments has Prime Minister about these reports”
Prime Minister Reinfeldt:
- “Hi Carina. Those that have followed the case know that it is for me ‘highly sensitive’ to comment around this issue. It is about a single case, and besides it has been used in the international media – as you also pointed out - to give a view that the Swedish legal/judicial system is kind of mixed up (sammanblandad) with the political decision-makers. And that way is not – as I earlier affirmed. Instead, extradition issues are based in a legal system that “talk with each other” according to special rules, and in that case it would also applies in this case (Assange) [“och det skulle i så fall vara tillämpbart också i det här fallet”].
PM Reinfeldt’s statement about the prospective extradition of Assange to USA is far from conclusive. The named legal praxis “would” eventually be applicable to Assange, says the Prime Minister. Reinfeldt does not say, “shall” or “should” apply.
The reader may observe in the above introductorily declaration of PM Reinfeldt that, for the reasons he himself has given, he is carefully pondering each word about these issues. That makes Prime Minister Reinfeldt himself – and not the author of this comment –the one marking such own words he has sensitively chosen.
Beyond the accuracy issue about the words selected by PM Reinfeldt, he rather fails the public for what he choses not to say. For it is highly relevant in this context to inform the public, and particularly the international forum and journalists, that in Sweden the government has indeed several instances by which to intervene in such extraditions processes, including eventually stop it.
Exactly as it was in the UK in the case of dictator Augusto Pinochet, whose extradition for trial elsewhere - in spite of the “judicial procedures” - was at the end stopped with the direct intervention of the government. I know such case well, as I have myself presented in 1998 an extradition petition upon Scandinavian courts for Pinochet to be taken into justice because of the assassination of my dear friends and comrade-in-arms during the Chilean resistance. [12] And a most important fact, which, based in statistics according to the Swedish Ministry of Justice I put forward in my rebuttal [14] to Svenska Dagbladet’s piece on the Assange-extradition issue, [15] as well as in my analysis “Sweden will grant extradition of Assange to US if not stopped by international political pressure”: [16]
“Regarding the open extradition requests from the USA since 2000, Sweden has granted such extradition in the TOTAL OF CASES in which the prisoner was in Swedish territory”.
The extraordinary rendition issue
Sweden was in fact sanctioned the United Nations Committee Against Torture, which ruled 19 of May 2005 Sweden had violated the International Ban of Torture. In concrete, the ruling referred to Sweden's direct collaboration in the CIA rendition flights, rendering to the Americans asylum seekers while those were under the "custody" of Sweden.
Journalist Carina Rydberg, or the SR program leader, did not mention the above. Yet, taking up the subject on “the Egyptians” in her leading question, Rydberg expresses that she finds upsetting [“upprörande”] that Sweden is portrayed as Scandinavia’s North Korea.
The Prime Minister:
- “I think that this case around the Egyptians is in any case rather special in its character, and I have also discussed this in many occasions, the role of Sweden around [omkring] this and also it has been critic on this.” [18]
Ensuing, Reinfeldt makes a point by telling “this case (Assange)” is different and the legal procedures that exist should apply, and insisted that the government should not intervene.
Yes, this case is different of the “Egyptians” as long Assange extradition is not asked by the US under the accusation of being a “terrorist”. For in this case the Swedish government has a totally different praxis and “Intelligence” agreements with USA. This is exactly what it was disclosed by the WikiLeaks cables (see This is Why). [19]
The problem is that Julian Assange has indeed been accused - by prominent US politicians – of being precisely that, a “terrorist”. He has been called “Cyber terrorist”, and by no less than the Pentagon, according to this report. [20] And Vice President Biden had likened Julian Assange to a “high-tech terrorist” [21] according to the Guardian.
The program leader, journalist Andres Holmberg, asked finally Sweden’s Prime Minister:
- “Is it a problem for you Fredrik Reinfeldt, or for Sweden, that this type of descriptions emerges about Sweden, in the international press: A judicial banana republic?”
The Prime Minister of Sweden:
- “It is very often a method one uses, to try discrediting a country or a judicial system when one stands prosecuted (“anklagad”) of a crime in other country.”
- “We have naturally to stand up for we have a functioning legal state and also we take very seriously prosecutions that have to do with rape because there are also ingredients aiming to diminish how we have developed, and (we) stand for a good legislation in this case.” [22]
“We” is Sweden. And it is Sweden’s head of government, that using the State owned media addresses all-Sweden listeners - including all the judges, the prosecutors, the policemen, the journalists, etc. -, his message on that what is really at the stake in the outcome of a prospective trial of Julian Assange is: The reputation of the nation, the assessment of our development in the validity versus criticism of our “good Swedish” rape legislation.
If the above is not a direct – and illegal - interfering from the part of the government in the judicial process, then all dictionaries of the democratic world have to revise the meaning of political manipulation, power, chauvinism, and authority.
And then let Charles Louis de Secondat, baron de Montesquieu – whose classical formulation of the separation of the “state powers” executive, legislative, and judicial system (De l'esprit des lois, 1748) [23] was later fundamental for democratic rule - be the new “defender from hell”.
Finally, in such "legal" cases which have not even reached the court, the one and only decent statement every decent people would expect from their highest government authority is this:
“Ei incumbit probatio qui dicit, non qui negat”. Meaning that every individual shall be considered innocent until proven otherwise; also, in strict sense, the onus probandis is solely responsibility of the accuser.
REFERENCES
1. http://en.rsf.org/spip.php?page=classement&id_rubrique=1043
2. http://www.newsmill.se/node/33265
3. http://www.second-opinion.se/so/view/1762
4. http://newsmill.se/artikel/2011/12/22/professor-historical-meaning-of-wikileaks-and-swedish-myths-on-julian-assange
5. http://www.swedenversusassange.com/Media-climate-in-Sweden.html
6. http://www.dn.se/nyheter/varlden/reinfeldt-beklagade-negativ-bild-av-rattsvasendet
7. http://www.dn.se/nyheter/varlden/reinfeldt-beklagade-negativ-bild-av-rattsvasendet
8. http://www.resume.se/nyheter/media/2011/02/11/brak-om-vad-reinfeldt-sagt/
9. Id
10. http://sverigesradio.se/sida/artikel.aspx?programid=1637&artikel=4928323
11. http://www.newsmill.se/node/30490
12. http://ferradanoli.files.wordpress.com/2009/12/ferrada-noli-bring-pinochet-to-justice2.pdf
13. http://www.swedenversusassange.com/
14. http://ferrada-noli.blogspot.com/2011/12/new-swedish-deceptive-information-about.html
15. http://www.svd.se/nyheter/inrikes/assange-sverige-har-inte-motsatt-sig-usa_6715051.svd
16. http://ferrada-noli.blogspot.com/2011/11/likely-swedish-extradition-of-assange.html
17. http://en.wikipedia.org/wiki/Extraordinary_rendition_by_the_United_States
18. http://sverigesradio.se/sida/artikel.aspx?programid=1637&artikel=4928323
19. http://ferrada-noli.blogspot.com/2011/11/this-is-why.html
20. http://truthalliance.net/Archive/News/tabid/67/ID/6606/Pentagon-Labels-Journalist-Julian-Assange-a-Cyber-Terrorist-Forces-Interpol-Warrant.aspx
21. http://www.guardian.co.uk/media/2010/dec/19/assange-high-tech-terrorist-biden
22. Studio Ett: "Är det problem för dig Fredrik Reinfeldt, eller för Sverige, att det förekommer denna typ av beskrivningar av Sverige som en juridisk banan republik i internationell press"
- (Fredrik Reinfeldt: "Det är ju väldigt ofta en metod man använder, att försöka misstänkliggöra ett land eller ett rättsystem när man står anklagad för ett brott I ett annat land. Det finn likheter vid andra tillfällen då denna teknik har använts. Vi måste naturligtvis stå upp för att vi har en fungerande rättsstat och också vi tar mycket allvarligt på anklagelser som handlar om våldtäck för det finns också inslag att försöka förminska hur vi har utvecklats och står för en bra lagstiftning I det här fallet."
23. de Secondat, Charles, Baron de Montesquieu. "The Spirit of the Laws". Crowder, Wark & Payne, 1777
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