WikiLeaks founder Julian Assange fears he could be taken against his will to the United States and executed if he is extradited to Sweden, his legal team said today.
Mr Assange is wanted by the Swedish authorities over claims that he sexually assaulted two women during a visit to Stockholm last year.
Lawyers for the 39-year-old whistleblower have asked the Australian government to request assurances from their Swedish counterparts that he would never be removed from their country.
They are concerned the Swedes could “bow to US pressure” or “naively” rely on diplomatic assurances and allow him to be taken across the Atlantic.
In legal papers released as Mr Assange appeared before a district judge in London, his barrister Geoffrey Robertson QC said he may end up in Guantanamo Bay. He said there is a “real risk” his client faces further extradition or illegal rendition to the United States if he is sent to Sweden to answer allegations of sexual assault.
“If Mr Assange were rendered to the USA, without assurances that the death penalty would not be carried out, there is a real risk he could be made subject to the death penalty, which is provided for in the Espionage Act,” Mr Robertson said. “It is well known that prominent figures have implied, if not stated outright, that Mr Assange should be executed.”
Mr Robertson said his client would not be able to get a fair trial in Sweden because rape trials are usually held in private. "You cannot have a fair trial when the press and the public are excluded from the court ... There is a real risk of flagrant violation of his rights," he said.
Prosecution lawyer Clare Montgomery said there was no proof that Mr Assange did run the risk of being extradited to the United States and, if it did happen, Britain would have to give its consent first. He dismissed defence arguments that Swedish prosecutors were abusing the fast-track European arrest warrant process because they only want to question Mr Assange and have not yet decided whether to prosecute him.
Mr Assange, an Australian national, arrived under an extraordinary media spotlight at the high-security Crown Court, which is sitting as Belmarsh Magistrates’ Court. Reporters from around the world laid siege to the courthouse and queued around the block to claim their tickets to the 100 media seats available.
Mr Assange had his bail conditions varied so he could leave his adopted home at a Norfolk mansion and spend the night at the Frontline Club, in Paddington, west London.
The hearing today focused on arguments against extradition and several witnesses will be called tomorrow. District Judge Howard Riddle may yet reserve his judgment to a later date.
Mr Assange faces three charges of sexually assaulting one woman and one charge of raping another during a week-long visit to Stockholm in August. He denies committing any offences and his supporters claim the criminal inquiry and extradition request are unfair and politically motivated.