It is not clear from the UK Press Association report why Swedish Prime Minister Fredrik Reinfeldt responded to reporters’ questions about Julian Assange in London two days ago by addressing the hypothetical question of Assange’s extradition from Sweden to the US, but he didn’t dismiss it as hypothetical:
Mr Reinfeldt said Sweden’s policy was not to extradite people to countries with the death penalty. But he said Sweden’s courts, not its government, would decide that. …
“We should remember when we ask questions about this that these are legal systems talking to each other, not politicians.”
We know from the cables and other sources (see the summary in section 7, 92-96, of the “skeleton” legal argument) that Swedish courts have in the past been complicit in the illegal kidnapping of refugee claimants by US agents. More broadly, the role of diplomacy as mediator between law and politics has arisen repeatedly in many of the cables released by its major media partners and WikiLeaks.
Since the role of the courts is usually to interpret legislation (“policy”) or to strike it down if it is unconstitutional, Reinfeldt’s apparent failure to affirm Swedish refusal to extradite to countries that retain capital punishment raises questions.