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Judge: WikiLeaks founder can be extradited

Wikileaks founder Julian Assange and lawyer Mark Stephens talk to the waiting media at Belmarsh Magistrates court in Woolwich, London on February 8, 2011. Mr. Assange has faced a second day in court fighting an extradition attempt by Swedish authorities over allegations of rape and molestation. UPI/Hugo Philpott
Wikileaks founder Julian Assange and lawyer Mark Stephens talk to the waiting media at Belmarsh Magistrates court in Woolwich, London on February 8, 2011. Mr. Assange has faced a second day in court fighting an extradition attempt by Swedish authorities over allegations of rape and molestation. UPI/Hugo Philpott | License Photo

LONDON, Feb. 24 (UPI) -- WikiLeaks founder Julian Assange can be extradited to Sweden for questioning in a sexual assault case, a British judge ruled Thursday.

Assange has seven days to appeal Judge Howard Riddle's decision or he will be extradited to Sweden in 10 days, The Guardian reported.

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Riddle rejected defense abuse of process claims, saying if there were any irregularities in the Swedish system of justice, "the best place to examine them is in a Swedish trial."

Swedish prosecutors said they wanted Assange to be returned to Sweden for questioning on allegations made by two women that he sexually assaulted them last summer. Assange has denied the charges.

Among other things, the defense said the warrant wasn't for prosecution but for questioning only, and represented an abuse of process.

"I am satisfied that there is no equivocal statement or ambiguity in the warrant," Riddle said in his ruling. "The English version of the warrant states that it is for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order."

As a matter of fact, the judge said, Assange "passes the threshold of being an 'accused' person and is wanted for prosecution."

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The defense also argued the allegations against Assange were not offenses under British law so he couldn't be extradited. The judge said the alleged offenses made against one woman, including sexual assault and molestation, meet the criteria for extradition and an allegation of rape against the second woman also was extraditable.

Riddle said he was "satisfied that the specified offenses are extradition offenses" and no bars to extradition were raised.

Assange's defense team raised the possibility Sweden would extradite Assange to the United States to face prosecution for the hundreds of thousands of sensitive diplomatic and military documents WikiLeaks received and released. Riddle said he had no evidence of such a possibility except from one defense witness "who said it couldn't happen."

If the United States were to ask Sweden to extradite Assange, Britain would be required to consent and a hearing would be held, Riddle said.

The judge said he specifically considered whether Assange's "physical or mental condition … is such that it would be unjust or oppressive to extradite him."

"In fact, as I am satisfied that extradition is compatible with the defendant's (Geneva) Convention rights, I must order that Mr. Assange be extradited to Sweden," Riddle said.

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