Julian Assange scores legal victory as Swedish court denies detention request

Julian Assange won a major legal victory on Monday, when a Swedish court denied a request to detain the WikiLeaks founder over a sexual assault investigation dating back to 2010.

The ruling by the Uppsala District Court is a setback for prosecutors who were hoping to issue a European Arrest Warrant for Assange and request his extradition from the United Kingdom to Sweden.

The court agreed with prosecutors that Assange could pose a flight risk, but said detention would not be proportionate.

The Swedish rape investigation was the reason Assange spent almost seven years in self-imposed exile in London’s Ecuadorian Embassy. The WikiLeaks founder walked into the building in June 2012, shortly after losing a years-long extradition battle in the UK’s Supreme Court.

TOPSHOT - WikiLeaks founder Julian Assange gestures from the window of a prison van as he is driven out of Southwark Crown Court in London on May 1, 2019, after having been sentenced to 50 weeks in prison for breaching his bail conditions in 2012. - A British judge on Wednesday sentenced WikiLeaks founder Julian Assange to 50 weeks in prison for breaching his bail conditions in 2012. Assange took refuge in Ecuador's London embassy to avoid extradition to Sweden and was only arrested last month after Ecuador withdrew his asylum status. (Photo by Daniel LEAL-OLIVAS / AFP) (Photo credit should read DANIEL LEAL-OLIVAS/AFP/Getty Images)

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He remained there until April this year, when his dramatic arrest prompted Swedish prosecutors to reopen the investigation last month.

Assange’s lawyer, Per E Samuelson, said Monday that his client denied the accusations and also argued that detention would be disproportionate. He added that Assange “has always wanted to cooperate” with the investigation.

The rape allegation was one of four sexual assault accusations that Assange faced after his visit to Sweden in August 2010. The case has never moved beyond the investigation stage and Assange has not been charged with any crimes in the country.

In August 2015, the statute of limitations on three of the four allegations lapsed. Under Swedish law, any charges related to the fourth allegation of rape must be made by August 2020.

The probe into the alleged rape was suspended in 2017 as a result of Assange’s continued residence in the embassy.

Julian Assange gestures from a police vehicle on his arrival at Westminster Magistrates' Court in London on April 11, 2019. Assange, founder of the website WikiLeaks, has been a key figure in major leaks of classified government documents, cables and videos.

Assange holds a copy of The Guardian newspaper in London on July 26, 2010, a day after WikiLeaks posted more than 90,000 classified documents related to the Afghanistan War.

Assange attends a seminar at the Swedish Trade Union Confederation in Stockholm on August 14, 2010. Six days later, Swedish prosecutors issued a warrant for his arrest based on allegations of sexual assault from two women. Assange has always denied wrongdoing.

Assange, in London, displays a page from WikiLeaks on October 23, 2010. The day before, WikiLeaks released approximately 400,000 classified military documents from the Iraq War.

Assange and his bodyguards are seen after a news conference in Geneva, Switzerland, in November 2010. It was the month WikiLeaks began releasing diplomatic cables from US embassies.

Assange sits behind the tinted window of a police vehicle in London on December 14, 2010. Assange had turned himself in to London authorities on December 7 and was released on bail and put on house arrest on December 16. In February 2011, a judge ruled in support of Assange's extradition to Sweden. Assange's lawyers filed an appeal.

In October 2011, a month after WikiLeaks released more than 250,000 US diplomatic cables, Assange speaks to demonstrators from the steps of St. Paul's Cathedral in London.

Assange leaves the High Court in London in December 2011. He was taking his extradition case to the British Supreme Court.

Assange leaves the Supreme Court in February 2012. In May of that year, the court denied his appeal against extradition.

Assange addresses the media and his supporters from the balcony of the Ecuadorian Embassy in London on August 19, 2012. A few days earlier, Ecuador announced that it had granted asylum to Assange. In his public address, Assange demanded that the United States drop its "witch hunt" against WikiLeaks.

Assange speaks from a window of the Ecuadorian Embassy in December 2012.

Assange addresses the Oxford Union Society from the Ecuadorian Embassy in January 2013.

Assange appears with Ecuadorian Foreign Minister Ricardo Patino on the balcony of the embassy in June 2013.

Assange speaks during a panel discussion at the South By Southwest Festival in Austin, Texas, in March 2014.

Assange attends a news conference inside the Ecuadorian Embassy in London in August 2014.

Assange is seen on a video screen in March 2015, during an event on the sideline of a United Nations Human Rights Council session.

Assange, on the balcony of the Ecuadorian Embassy, holds up a United Nations report in February 2016. The United Nations Working Group on Arbitrary Detention said that Assange was being arbitrarily detained by the governments of Sweden and the United Kingdom.

Assange speaks to the media in May 2017, after Swedish prosecutors had dropped their investigation of rape allegations against Assange. But Assange acknowledged he was unlikely to walk out of the embassy any time soon. "The UK has said it will arrest me regardless," he said. "The US CIA Director (Mike) Pompeo and the US attorney general have said that I and other WikiLeaks staff have no ... First Amendment rights, that my arrest and the arrest (of) my other staff is a priority. That is not acceptable."

Assange was seen for the first time in months during a hearing via teleconference in Quito, Ecuador, in October 2018. The hearing was then postponed due to translation difficulties.

A van displays images of Assange and Chelsea Manning, the former Army intelligence analyst who supplied thousands of classified documents to WikiLeaks, outside the Ecuadorian Embassy in London on Friday, April 5. A senior Ecuadorian official said no decision has been made to expel Assange from the embassy. According to WikiLeaks tweets, sources had told the organization that Assange could be kicked out of the embassy within "hours to days."

A screen grab from video footage shows the dramatic moment when Assange was hauled out of the Ecuadorian Embassy by police on April 11, 2019. Assange was arrested for "failing to surrender to the court" over a warrant issued in 2012. Officers made the initial move to detain Arrange after Ecuador withdrew his asylum and invited authorities into the embassy, citing the Australian's bad behavior.

Assange gestures from the window of a prison van as he is driven into Southwark Crown Court in London on May 1, 2019, before being sentenced to 50 weeks in prison for breaching his bail conditions in 2012.

A sketch depicts Assange appearing at the Old Bailey courthouse in London for a ruling in his extradition case on Monday, January 4. A judge rejected a US request to extradite Assange, saying that such a move would be "oppressive" by reason of his mental health.

WikiLeaks founder Julian Assange

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On Monday the judge said that in order to finish the investigation, the prosecutors could issue a European Investigation Order, which would make it possible for them to interview Assange and conclude the inquiry.

The prosecutor said the investigation will continue but didn’t give any details about the next steps.

LONDON, ENGLAND - FEBRUARY 05: Wikileaks founder Julian Assange speaks from the balcony of the Ecuadorian embassy where he continues to seek asylum following an extradition request from Sweden in 2012, on February 5, 2016 in London, England. The United Nations Working Group on Arbitrary Detention has insisted that Mr Assange's detention should be brought to an end. (Photo by Carl Court/Getty Images)

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Since his arrest in April, Assange has been sentenced to nearly a year in a UK prison over bail violations stemming from when he first entered the Ecuadorian embassy.

He is also facing a US extradition request.

Assange was indicted in the United States on one count of conspiracy to commit computer intrusion. He was then charged with 17 counts under the Espionage Act for his role in receiving and publishing national defense information in concert with former Army intelligence analyst Chelsea Manning

The Swedish court’s decision means the US will not have to compete with Sweden over which extradition request is given priority.