* A prosecuting authority applying for an EAW must go through several channels . Amongst others, they have to take the matter up with the national prosecutor's office and the cabinet minister of foreign affairs. Evidently nothing such was done in this case.
* Extradition sought for improper purpose. EAWs can't be issued for 'questioning' which Ny has repeatedly said is all she's after. Conversely, Ny's afraid of formally declaring charges for then she'd be required to release all documentation, something she's made clear she doesn't want (and refused) to do.
* The purported offences aren't even extradition offences. Brits have no counterparts to what Ny's referring to.
The document goes on to clarify the basic positions and reveals even more sordid details about 'legal procedure' in Sweden.
- EAW for questioning only, not for purpose of prosecution. This constitutes an abuse of process.
Ny has repeatedly and publicly stated she sought the EAW simply in order to facilitate a questioning and without yet having reached a decision about prosecution.
Further, Ny's claim that all the 'normal procedures for getting an interrogation' had been 'exhausted' is false. Both Hurtig and Assange made repeated attempts to coordinate an interrogation but all such attempts were rebuffed by Ny.
British justice Ouseley found that Assange 'has expressed, and I see no reason to doubt it, a willingness to answer questions, either over the telephone or some other suitable form of communication if the prosecutors in Sweden wish to put them to him'.
In answer to the above comments, Ny has repeatedly said only that she has 'no comments'.
Further, Ny stated she was not in touch with Hurtig. This is also false: Hurtig was in constant contact with Ny's office for all of September but Ny wouldn't return his calls.
- Communication with Australian embassy in Stockholm. Ny was in contact with the Australian embassy in Stockholm because they evidently interceded on Julian Assange's behalf.
- European Arrest Warrants are only to be used for the purposes of prosecution. Yet Ny can't declare an intent to prosecute - she'd have to turn over the full case files.
Ny's whole idea - the subject of her 'research' - is to develop a new method of processing cases that not only violates several statutes of law but also brings things back full circle to the witch trials of the 1600s.
- Mere suspicion isn't enough for an EAW. This is enforced by the Extradition Act 2003. Lord Steyn of the House of Lords in the decision in Re Ismai l:
It is common ground that mere suspicion that an individual has committed offences is insufficient to place him in the category of 'accused' persons.