In the first of a two-day extradition hearing that began Monday morning in London, lawyers for WikiLeaks editor-in-chief Julian Assange argued that it would be unlawful for their client to be released to Swedish authorities to face sexual molestation accusations, according to Bloomberg.
Assange is facing rape allegations made in Sweden by two former WikiLeaks volunteers, but he has not been formally charged. His lawyers said it would be unlawful for the 39-year-old Australian to be extradited to Sweden. Rape trials in Sweden are traditionally held in secret, which Assange's legal team says is a violation of their client's rights.
"It is likely that he will be tried secretly in Sweden, behind closed doors," Geoffrey Robertson, one of Assange's lawyers told Bloomberg. "You cannot have a fair trial when the press and public are excluded from the court, and the Swedish custom is to exclude them."
The accusations stem from consensual, but unprotected sex. One of the women told authorities that she woke up as Assange was having sex with her, and she let him continue although he told her he was not wearing a condom.
The other woman claims that Assange purposely damaged a condom used during consensual sex.
Assange has maintained his innocence. His lawyers have said that extradition would also be unlawful because Assange has not been formally charged with a crime; rather he is wanted in Sweden for questioning.
Opening arguments from Clare Montgomery, the British attorney arguing on Sweden's behalf, said that the warrant was lawfully issued within the confines of the European and English law, the AP said.
Assange's team has also suggested that extradition to Sweden could eventually land Assange in Guatanamo Bay or on death row in the U.S. They believe that Assange would be turned over to U.S. authorities, who are considering prosecuting the WikiLeaks editor under the Espionage Act. Legal experts have refuted these claims
Many believe the charges are politically motivated as a result of WikiLeaks' release of more than 250,000 confidential U.S. embassy cables, which has been happening gradually for about three months.
Although the hearing is technically two days long, it could be a few weeks before Judge Howard Riddle hands down his decision. Even then, either side could opt to appeal the ruling. In the meantime, Assange is free on conditional bail, wearing an ankle monitoring bracelet, observing a curfew, and residing at the estate of a friend.