Guantanamo Bay or to execution as a traitor). The only live evidence on the point came from the defence witness Mr Alhem who said it couldn’t happen. In the absence of any evidence that Mr Assange risks torture or execution Mr Robertson was right not to pursue this point in closing. It may be worth adding that I do not know if Sweden has an extradition treaty with the United States of America. There has been no evidence regarding this. I would expect that there is such a treaty. If Mr Assange is surrendered to Sweden and a request is made to Sweden for his extradition to the United States of America, then article 28 of the framework decision applies. In such an event the consent of the Secretary of State in this country will be required, in accordance with section 58 of the Extradition Act 2003, before Sweden can order Mr Assange’s extradition to a third State. The Secretary of State is required to give notice to Mr Assange unless it is impracticable to do so. Mr Assange would have the protection of the courts in Sweden and, as the Secretary of State’s decision can be reviewed, he would have the protection of the English courts also. But none of this was argued ..."
City of Westminster Magistrates’ Court (Sitting at Belmarsh Magistrates’ Court)
The judicial authority in Sweden -v- Julian Paul Assange
Findings of facts and reasons
So, in the end, Assange did not argue in UK Courts that he could be extradited to the US from Sweden, but instead one of Assange's own witnesses indicated that the extradition to the US was factually impossible. And, in any case, as the UK Magistrate notes clearly, Assange could simultaneously fight any attempt, to extradite him to the US from Sweden, in both the UK and Swedish courts
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