However, Ecuador’s decision to grant diplomatic asylum to Julian Assange is flawed as a matter of law. Nonetheless, its embassy in London remains inviolable. The Ecuadorian argument does not stand up in the light of sober legal analysis as it misreads the fundamental structure of (European) law of extradition and it employs a legal concept – “diplomatic asylum” -that is not universally recognized in international law (see this EJIL:Talk! post ). An automatic further extradition to a third state is neither possible in general extradition law nor in the European arrest warrant system.
First of all, an interested third state has to apply for extradition phone number library de novo and upon this request the requested state takes a decision pursuant to the applicable extradition law. In our case, i.e. between the U.S. and Sweden, the prospects of success of such a request are to be assessed on the basis of the 2003 EU-U.S. Extradition Agreement . The provisions therein modify and take precedence over possible prior bilateral treaties between individual EU member states and the U.S. According to this Agreement, the principle of double criminality applies, i.e. the acts that Assange is accused of in theU.S. must also be punishable in Sweden. Furthermore, various obstacles precluding extradition could apply.
Pursuant to the jurisprudence of the European Court of Human Rights, of the European Convention on Human Rights can deny extradition in case of real risk of the death penalty or cruel and degrading treatment. Extradition could also be refused on the grounds of the “political offense” exception, i.e., if the U.S. were to prosecute Assange because of pure political offenses such as high treason or espionage.
Apart from these general requirements, the generally accepted principle of speciality could also prevent extradition.