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REOUEST FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

Requested authority:
Home Office, UK Central Authority,
2 Marsham Street, Home Office, Sth Floor, Fry Building

London
The application is also submitted tc the Republic of Ecuado!'.

Your Ref:

l,

Requesting Prosecutor:

Director of Public Prosecution Marianne Ny

Aklagarmyndigheten (Swedish Prosecution Authority), Utvecklingscentrum
Gteborg,
Box 128
401 22 Gteborg
Sweden
+46 10 5627101
Telephone

nr:

Fax

nr:

+46 10 56271 41

E-mail address: marianne.ny@aklagare.se

Our

Ref:

Document

AM-131226-10

lD:

212

2. Criminal investigation is conducted against following suspects:

Surname Assange
First names: Julian Paul
Nationality: Australia
Date of Birth: 3 July 1971
Place of Birth: Townsville, Australia
Currently located at the Ecuadorian embassy, London

3. Urgency:
The alleged crimes detailed at points 1-3 below are subject to statutory limitation
in August 2015. lt would therefore be desirable for any possible interview and

other investigative measures with the suspect to take place as soon as is

reasonably possible.
By agreement with Julian Assange we want to conduct the investigation matters
on two consecutive days during June-July 2015, and primarily in June 2015.
Julian Assange has suggested 1 7-18 June 2015

Applied conventions and/or agr6ements:

European Convention of 20 April 1959 on Mutual Asisfance

1978 Additionat Protocot to

/,

Criminal Matters

the 1959 European Convention on Mutual Assistance in Criminal

Matters

Eu Convention on Mutuat Assistance in Criminal Matters of 29 May 2000.

2OOl Protocol to the EU Convention on Mutuai Assistance in

May 2000

5. Legal qualification

ofthe facts:

1. UNLAWFUL COERCION
On 13-14 August 2010

Section of Law
Chapter 4 Section 4 Paral Swedish Penal Code

2, SEXUAL MOLESTATION
On 13-14 August 2010

Section of Law
Chapter 6 Section 10 Para 2 Swedish Penal Code

3. SEXUAL MOLESTATION

Section of Law
Chapter 6 Section 10 Para 2 Swedish Penal Code

Ciminal Matters of 29

Section of Law
Section 1 Chapter 6 Para 3 Swedish Penal Code
6. Statement of the facts:

The allegations were reported to the police in Stockholm on 20 August 2010 and Julian Assange
was detained in his absence suspected of rape and molestation. On 25 August the prosecutor
decided to discontinue the preliminary investigation into the rape. The victim's representative
requested a review of this decision. On 1 September 2010 the preliminary investigation concerning
the rape was reopened by a senior proseculor and the case was widened to include unlawful
coercion and sexual molestation.
Julian Assange was detained in his absence by Stockholm District Court on 18 November 2010.
The Court of Appeal affirmed this decision on 24 November 2010. On 2 Decemt er 2010 the
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Julian Assange was sought wanted internationally and a European Arrest Warrent was duly issued
for his surrender to Sweden.
Julian Assange was apprehended on 7 December 2010 in London by the British police On 1 6
December 2OlO the City of Westminster Cou,1 held thai Julian Assange should be released on
bail. The question regarding his surrender to Sweden was the subject of adjudication in the English
courts for the period up to 30 May 2012 when the Supreme Court affirmed the decision to
surrender Julian Assange to Sweden. Julian Assange requested the case be reheard by the
Supreme Court, which reaffirmed the decision on 14 June 2012.
Julian Assange has been located at the Ecuadorian embessy in London since 19 June 2012. This
has been a hindrance to his surrender to Sweden.
On 24 June 2014 Julian Assange requested that the Stockholm District Court review the decision
to detain him in his absence. The Stockholm District Court rejected his request and affirmed the
detention order. Julian Assange appealed the District Court's decision to the Svea Court of Appeal,
which affirmed the decision that he should continue to be detained in his absence. Julian Assange
has appealed the Court of Appeal's decision and has requested leave to appeal to the Supreme
Court. The Supreme Court granted leave to appeal and on 1 1 May 2015 decided to reject the
appeal from Julian Assange.
Julian Assange has been in residence at the Ecuadorian embassy in London since 19 June 2012.

7. Requested activities:
- Interview with suspect
- Notification of allegations against the suspect (nodrtca on of suspicion)
- Carry out decision to take a DNA sample ofthe suspect via a swab

A request for permission is made for a Swedish investigator from the police in Stockholm, whilst
under the supervision ofthe Assistant Prosecutor, take a DNA sample fiom the suspect and conduct
an interview with Julian Assange in London as well as conduct a complementary interview the
following day. The complementary interview may be cancelted should it be deemed unnecessary.
At the interview Julian Assange will be formally notified ofthe allegations against him (see section
5 above) and be interviewed for further details regarding the events.
Via the lawyers Thomas Olsson and Per E Samuelsson, defence for Julian
Assange, consent was given by the suspect for Swedish prosecutors and policeto
interview and take a DNA sample of the suspect at the Ecuadorian embassy in
London under the conditions set out below in point 7c.
7a) Specification of requested activities:

lnterview with Julian Assange as suspect to the crimes listed in points 1-4 and
take a sample of his DNA.

7b) Link between the facts and the requested activities:

An interview needs to be performed with the suspect for the investigation to
proceed. The prosecutor decrded on 27 September 2010 that a DNA sample
should be taken from the suspect.

7c) The activities requested are to be executed as follows:

Great Britain's permission is requested for the Assistant Prosecutor and an
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in\,'esiigai;ve mesuies at the Ecuador';ail el',rbassy in L+rd'on.
The interview regarding the suspected crimes will be performed by Detective
Superintendent Cecilia Redell of the Stockholm police with the aid of an English
interpreter and in the presence of Chief Prosecutor lngrid lsgren of the Public
Prosecution Office in Vsters. The interview is to be recorded and written out
in dialogue form in Stockholm. At the interview Julian Assange will have legal
represehtation from advocate Thomas Olsson, Stockholm and advocate Per E
Samuelsson, Stockholm.
At the interview regarding lhe suspected crimes, Julian Assange will have the
opportunity to freely explain the events in question. The investigator will then
pose questions based on the information we have in the case file and any
inlormation provided by the suspect in the main interview.
The defence will have the opportunity to pose questions once the Detective
Superintendent has finalized the main interview. Once the defence has
completed its questioning, further complementary questions might then be
posed to Julian Assange at the discretion of the Chief Prosecutor, lngrid lsgren.
As well as interviewing the suspect, it is requested to take a DNA sample by the
investigator, a so-called swab. The sample will be collected using a cotton bud
to swab saliva from the suspect's mouth.
The form of the interview and taking of a DNA sample have been agreed by
Julian Assange via his legal representation.

7d) Partial transmission:

8) lnvolved Swedish investigators/others and their presence:

Assistant Prosecutor
Chief Prosecutor lngrid lsgren
Aklagarkammaren i Vsters
Box 21
721 03 Vsters
Telephone +46 10-562 53 29
Police investioator
Detective Superintendent Cecilia Redell
Utredningsenheten Region Stockholm
106 75 Stockholm

Telephone: +46 10-5633479 , +46 761-296757

cecilia.redell@polisen.se
It is desirable that Chief Prosecutor lngrid lsgren and Detective Superintendent
Cecilia Redell could perform the requested investigation measures at the
Ecuadorian Embassy in London.

Prosecutor responsible for the preliminarv investioation

Director of Public Prosecution Marianne Ny, Utvecklingscentrum Gteborg, Box
128, 401 22 Gteborg, will not be present.

9) The request is confidential for the following reasons:

Due to the risk that the investigation can be jeopardized or damaged there is a
need for confidentiality- Hence, the statements of the criminal acts - but not the
crime classifications nor the sections of law - in point 5 and the requested
-!-here
arrangements in point Z are classifled.
!s also a !'isk that the victims'-eafely
and private lives can be impacted, and for this reason there is a need for
confidentiality regarding their identities, personal relationships and details
regarding the suspected crimes.
For security reasons, it is desirable for the timetable of the upcoming actions to
be kept confidential. The case has received a great deal of attention and there is
a risk that the carrying out ofthe requested investigative measures at the
embassy could be disrupted by the mass media and members of the public.
10. Other involved persons/authorities:

Annexes:

fi

Legisiation

flotner
l, Marianne Ny, am competent to authorize the equivalent measure in Sweden

May 29th 2015

lnternational Division, National Operations Department

P.O. Box 12256
SE-102 26 Stockholm
SWEDEN

Chapter 4
On Crimes against Liberty and Pece
Section 4
A person who, by assault or otherwise by force or by threat ofa criminal act, compcls another to do, submit to or
a fine or imprisonment for at most two years.
Anyone who to such effect exercises coercion by threatening to prosecute or report another for a crime or give
detrimental infomation about another, shall also be sentenced for unlawful coercion. provided that the coe.cion

omit to do something, shall be sentenced for unlawful coercion to

is

wrongful.

paragraph is gross, imprisonment lor at lcasL six oloolhs alld at nlost six yeals
shall be imposed. [n assessing whether the crime is gross specia] consideration shall be given to whether the act
included the infliction ofpain to force a confession. or other torture.

Ifthe crime referred to in the first,

Chapter 6

0n

Sexual Crimes

Section I
A person who by assault or otherwise by violence or by threat ofa criminal act forces another person to have
sexual intercourse or to undertake or endue another sexual act that, having regard to the nature ofthe Yiolation
and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape to
imprisonment for at last two and at most six yea6.

ifa person engages with another person in sexual intercourse or in a sexual act which uoder
paragraph
first
is
comparable
the
to sexual intercourse by improperly exploiting that the person, due to
unconsciousness, sleep, iltoxication or other drug influence, illness, physical injury or mental disturbance, or
This shall also apply

otherwise in view ofthe circumstances in general, is in

helpless state.

Il

in view ofthe circumstances associated with the crime, a crime provided for in the lirst or second paragraph is
considered less aggravated, a sentence to imprisonment for at most four years shall be imposed for npe.

Ifa crime provided for in the first or second paragraph is considered gross, a sentence to imprisonment for at
least four and at most ten years shall be imposed for gross rape. [n assessing whether the crime is gross, special
consideration shall be given to whther the violence or tlreat was ofa particularly serious nature or whether
more than one person assaulted the victim or in any other way took part in the assault or whether the perptrator
having regard to the method used or otherwise exhibited particular ruthlessness or brutality.

Section l0
A person who, otherwise than as previously provided in this Chapter, sexually touches a child under fifteen years
ofage or induces the child to undertake or participate in an act with sexual impliaations, shall be sentcnced for
sexual molestation to a fine or imprisonme[t for at most two years.
This also applies to a person who exposes himselfor herselfto another penon in a manner that is likely to cause
discomfort, or who otherwise by word or deed molests a person in a way that is likely to violate that person's
sexual inXegrity.

Chapter 35
On Limitations on Sanctions

I
I

Section I
No sanction may be imposed unless the suspect has been remanded in custody or received notice ofprosecution
for the crime within:
1. two years, ifthe crime is punishable by at most imprisonment for onE year,
Z. five years, ifrhe most severe punishment is imprisonment for more than one but no more than rwo years
I

lt[:T#;i? *.

,nosr severe punishment is imprisonment for more than two but no more than eight yea.sJ
4. fiftee[ years, ifthe most severe punishment is imp sonment for a fixed term ofmore than eight years,
5. twnty-five years, iflife imprisonment can be imposed for the crime.

ifan aci inciudes several ciimes, a\eii, iegaiiss of wiiai is siaaa,j abo-re, a sa,-,ciion ,-'ai be imposed for ali
the crimes, provided that a sanction can be imposed for any one of them.

of

ANNEX TO REQUEST FOR MUTUAL LEGAL ASSISTANCE IN CzuMINAL MATTERS

Avsndare: Ny Marianne

Mottagare: olsson@friaadvokater.se
Skickat: 20 I 5-03-13 08:43
mne: Ang Assange-rendet
As per our telephone conversation a moment ago, we would like to obtain Julian
Assange's consint to conduct the following investigative measures - all providd that
the necessary permissions are obtained tiom the United Kingdom and Ecuador.

Interview with Assange at the Ecuadorian embassy in London, provided that the
necessary pcrmissions arc obtaincd lrom thc Unit.'d Kingdom and Ecuedcr'

Follow-up examination the day after the first examination. in case

an,v

supplementary

questions need to be asked by the prosecution or defence.

The examinations (main questioning) will be held by investigator Cecilia Redell with
the help ofan interyreter, in the presence of the Deputy Investigation Officer, Chief
Public Prosecutor Ingrid Isgren and Julian Assange's defence counsel. No one else may
be present during the examination.

In direct connection to the main examination, the defenders and the investigator will be
allowed to ask supplementary and clari!ing questions, in the order determined by Chief
Public Prosecutor Ingrid Isgren. The same order will apply for any follow-up
examination the following day.
The examination(s) will be recorded and transcribed verbatim uPon our return to

Stockholm.

Before the first examination, Julian Assange will be swabbed for a DNA sample'

Marianne Ny

Frn: Per E Samuelsson [mailto:PerAss\,r'.se]

Skickatr den 16 april 2015 13i09

Till: Ny Marianne; lsgren Ingid

Kopia: Per E Sarnuelssoni Thomas Olsson (olsson@fiiaadvokater.se)
mne: FRHR I LoNDoN
Julian Assange conents to thc swcdish Prosccution Authority's decision to question him in the Ecuadorian emba-ssy
in London, where he has been Sriitlted political asylum,
Julian Assange assumes that the terms stated in your e-mail are in accordance with the provisions ofthe swdish
Code ofJudicial Procedure, and with correspondlng regulatioos ofEuropean, English and Ecuadorian law lnthe
evenl that any excptions from these regulations are applicable, we ask that you clariiy them at your earliest
convenience,
Funhermore, Julian Asange wO!ld Iike to stress the importance ofhaving the examination documented in its entirety
by means ofrecording.
reminds the prosecutors that he has already provided a DNA sample as part olthe prliminary
Julian
^ssangeThis took place on 7 December 2010. We have access to the sample's rcfercnce numbcr, should you
investigation.
if
need it. Despite this facr, Julian Assangc conscnts to the takinS ofa DNA sample in connection to the intrview.

this is cailed fbr.

Julian Assange may wish to exercise his right to have legal counsel from

re

lev ant j urisd

ictions prcscnt during thc

interview.
We wish to .emind the prosecutors that the extreme and outdrawn isolatio( that Julian Assan8e has been and
continues to bc subjcctcd to will not bc remedicd becausc the Swedish Prosecution Authodty has now changed its
position. Julian
will participate in the preliminttry investigation with reservations for any and atl legal
^ssange
measures that Julian
Assange takes, or may take in the future, in regard to this matter and the coercive oalure ofhis
arbitrary deprivation of liberty.
In accordance with instructions from our client, rve will send a sopy ofthis e-mail and your coftespondence to the
Ecuadorian Mlinistry ofForeign AfFairs and Human Mobility to keep them infb.med ofthe ongoing process.
Plcase inform us at your earliest conve[ience

D-. I- qi-,,alc^h

Ny Marianne

Skickat:

dcn

iII:

Kopia:

be iaken

in this matter.

l-l-,,. -- a!::.1,

frn:

'l

olthe measures that will

17

april 2015 09:20

'Per Fi Samuelsson'

ThomasOlsson(olsson@friaadvokater.se);lsgrenlngrid

(lngrid.lsgren@aklagare.se)

mnc:

sv:

FRHR I

LoNDoN

'l hank you for responding to our query

of 13 March. However, we find the response unclear on three points and

would be grateful ifyou could provide some clarification at your earlist conveniencc.
What is thc intended meaning ofthe following statements?
a/ " Julian Assangs assumes that the terms siated in your e-mail are in line with thc provisions ofthc Swedish Code
ofJudicial Procedure, aod with corresponding regulations ofEuropean, English and Ecuadorian law. [n the event that
any exceptions lrom these regulations are applicabl, we ask thalyou clari& them at your earliest convenience." ?

As stated in our qucry, we witl scnd pcrmission applications lor the .equested measures to both the United Kingdom
and Ecuador. Your answer will be appended to the appiications fbr legal assistaooe in a ctiminal maller. ls Julian
Assange conditioning his consent on any other form of legal assessme[t olthe requested measures?
b/ "Julian Assange may wish to exercise his right to have legal counsel from relevant j urisd ictions present during the

interview."?
What does rhis condition e[tail in practicc? For rcasons olsecrccy, only his delence counsel in the crimioal
investigation may be present during any questioning regifding the crimes he is suspectd of committing
c/ " Julian Assaoge will participate in the preliminaiy invBstigation with reservations for any and all legal meaures
that Julian Assange takes, or may take in the future, in regard to this mattr and the coercive nature ofhis arbihary
deprivation ofliberty." ls this some form oioondition, and ifso, what does it entail?

In ref'erence ro the condition that the examination be recorded in its entirery, we would once again like to cladfy that
this will be the case, and that the examination will be transcribed upon our retum to Stockholm. We would also like
to clarify that there are two reports fi1ed in the case: ooe lor each ofthe injured pafties. A separate examination will
lherelore be conducted in rel'erence to eash reporl. AccordinB to Swedish practice, Julian Assange will be gircn aa
opporfunity to give an accouot ofthe events in his own words at the start ofthese idterviews before the inte(ogating
officer, and then you and Thomas Olsson will be aflorded the opportuniry to ask him questions.

The request to take a DN,\ sample is due to thc English practice ofnot transferring any samples taken in England. As
we understand from your reply, Julian Assange has no objection to us taking a DNA sample.

ln concllrsion, we would Iike to point out that, as has been stated in our petitioN to thc Slockholm City Court und the
Svea Court ofAppcal, we are not ofthe opinion that Julian Assange's voluntary stay at the Ecuadorian embasy can
be equated to a deprivation of liberty. Furthermore. we strongly object to ths allegation that the English and S\redish
courts that have tried the matter of a surrender pursuant to a[ EAW and the matter of detention wou Id be gui]tl o f
conducti ng an arbitrar)' examination.

Ingrid Isgren

Marianne Ny

!rn: Per E Samuelsson lmailto:Per@ssw.se]

Skickat: den 28 apri120l5 l6:5,1

'lill:

Ny Marianne; Isgren lngrid

Kopia:'fhomas Olsson (olsson@liiddvokater.se); Per E Samuelsson

mne: FRHR I LoNDoN
In your e-mail of 17 April 2015, you claim that Julian Assange laid down a number ofconditions lor his consent to an
examination with him at the Ecuadorian embassy in London. This is not the case. No conditions have been laid down.

In our letter we simply emphasised our assumption that your proposal for how the exami[ation is to be condLlcted is
in accordance with the legal requi.ements imposed by applioable legislation, and asked you to point out any
incongruities. Otherwise, we have simply maintained that Julian Assange gives his consent with reservations for the
legal rneasures that he has taken, is cunently taking or may lakc in the future. in regard to this legal matter.
Respectlirl regards
Per E Samuelson

Thomas Olsson

Fmn: Ny Mariaone <Marianne.Ny@aklagare.se>

Skickat: den 5 maj 2015 14:14

Till:

Per E Samuelsson

Kopia: Christina vikstrm

mner

sv:

FRHR I

l.oNDoN

Hello!

We have assessed our request based on Swedish legislation. Whether our request is in ascordance with the legislation

ofthe receiving countries, and whether the measurcs are thus pennissible, is a matter to be dctcrmincd by thc United
Kingdom of Grcat Britain and Northem lreland and
consent io this prooedute?

lie

RepobLic of Ecuador respectively. Does Iulian

^ssange

Does Julian Assaflgc wish lor anyone other than his lawyers Thomas Olsson and Per E Samuelsson to be present at
the interviews?

W would be grateful ifyou eould indicate, at this point in time, two consecutive days before Midsummer's Eve when
you are avaiLable for the investigative medsures in London.
WouLd ir be possible to .each one

ofyou today, or in the next few days, to get a verbal reply to thse questions so that

we can move on lo the next step?

Respectful .egards
Marianne

Ny

tngrid Isgren

Frn:

Per E Safiuelsson <Per@ssw.se>

Skickal

den 6 maj 2015 06:39

Till:

Ny Marianne

Kopia:'thomasOlsson(olsson(@friaadvokater.se)

mne:

sv: FRHR I LoNDoN

Hello Mariannc,
'lhaJlk you for youre-rnail. We have been instmcted by our client to only commuflicate with you in writing We have
forwarded youi e-mail from yesterday to our client aod will get back to you with a written rsponse z soon as wc
car,
Respectfui regards
Per E Samuelson

Frn:

Per E Samuelsson <Per@ssw.se>

Skickat:

den

Till:

Ny Marianne

Kopia:

Thomas Olsson (olsson@friaadvokater.se); Per D Samuelsson

mne:

FRHRI LoNDoN

18

In regard to your e-mail

maj 2015 17:44

ofs May 2015, our reply

is as follows.

Juliari Assange is anxious for the application for legal assistance to be made as soon
We would appreciate a copy

ofyour

as

possible.

request lor our knowlodge in conjunction with i1 being sent to the concemed

parties.
We propose that the interviews be conducted in London on

l? and l8 June 2015, when we are both able t0

partic ipat.

In rcsponse to your question ofwhich lawyers Julian Assange would like to have present duling the questioning, in
addition to the two of us, this will depeod on Ecuador and the United Kingdom's positions oo the matter ofapplicable
law.

Respectlulregards

Per E

Samuclson

fhomas Olsson