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British court ruling heightens danger of Assange extradition to the US

British court ruling heightens danger of Assange extradition to the US, WSWS,  Oscar Grenfell,  12 July 21, Last week’s ruling by the British High Court allowing prosecutors to appeal an earlier judgment blocking Julian Assange’s extradition, poses the very real danger that the WikiLeaks publisher will be dispatched to his American persecutors in the not-too-distant future.

The ruling is a microcosm of the Assange case as a whole. As they have for the past decade, the British courts have thrown aside the WikiLeaks founder’s legal and democratic rights. They have granted a US appeal that is both duplicitous and irregular under conditions in which the entire attempt by the American state to prosecute Assange has been exposed as an illegal frame-up.

The US appeal is a damning refutation of those, including among Assange’s own supporters, who have peddled dangerous illusions that the US administration of President Joe Biden may drop the prosecution if a sufficient number of moral pleas are addressed to the new occupant of the White House.

The appeal was first issued in the dying days of the Trump administration but it was continued, honed and argued for by Biden’s Justice Department. Assange remains in London’s maximum-security Belmarsh Prison and faces the prospect of lifetime incarceration in the US because Biden is determined to press ahead with the prosecution of a journalist and publisher for exposing American war crimes, human rights violations and illegal spying operations.

That is because the Assange prosecution is viewed as a crucial precedent by the imperialist powers for the suppression of dissent and anti-war opposition amid a ratcheting up of the preparations for military conflict, including the Biden administration’s threats and provocations against China, and the first signs of a resurgence of working-class struggle.

The appeal also confirms the warnings made by the World Socialist Web Site about January’s British District Court decision that barred extradition.

Judge Vanessa Baraitser accepted all the substantive arguments of the US prosecutors, including their right to try a publisher under the Espionage Act. Her ruling, prohibiting extradition, was framed in the narrowest terms. Its purpose was to defuse a groundswell of opposition to the prospect of Assange’s extradition and to provide the US with ample scope for appeal.

Baraitser ruled that extradition would be “oppressive.” Assange’s compromised health and the conditions of his imprisonment in the US would likely result in his suicide.

The deliberate consequence of that judgment was that there was only a legal sliver between Assange and extradition.

The US has exploited this with its appeal claiming that the conditions of imprisonment would not be so oppressive. It has proposed worthless assurances that Assange would not be held under Special Administrative Measures (SAM), regulations that impose almost total isolation on a prisoner, and that he could serve out his sentence in Australia.

The extradition hearing had heard harrowing testimony about the dire psychological consequences of SAMs and conditions at the supermax ADX Florence prison where they are frequently imposed.

The US arguments, accepted as a legitimate basis of appeal by the British court, were demolished by Stella Moris, Assange’s partner and an international human rights lawyer.

In a statement issued on Friday, Moris wrote: “Reports about US undertakings are grossly misleading. On any given day 80,000 prisoners in US prisons are held in solitary confinement. Only a handful are in ADX/under special administrative measures. ADX is just one of dozens of self-described supermax prisons in the United States. The US government also says it may change its mind if the head of the CIA advises it to do so once Julian Assange is held in US custody.

“With regard to the supposed concession of allowing Julian to serve jail time in Australia, it was always his right to request a prisoner transfer to Australia to finish serving his sentence because he is an Australian. It is no concession at all. There are existing agreements between the US and Australian authorities. What is crucial to understand is that prisoner transfers are eligible only after all appeals have been exhausted. For the case to reach the US Supreme Court could easily take a decade, even two.

“What the US is proposing is a formula to keep Julian in prison effectively for the rest of his life. The only assurance that would be acceptable would be for the Biden Administration to drop this shameful case altogether, once and for all. He should not be in prison for a single day, not in the UK, not in the United States, not in Australia—because journalism is not a crime.”

As Moris noted, the US appeal itself reserved the “right” to impose SAMs once Assange is on US soil. Testimony at the extradition hearing, including from a former US prison warden, established that the imposition of SAMs is essentially extra-judicial, often being introduced at the say-so of the intelligence agencies, and with no genuine means of appeal.

“What the US is proposing is a formula to keep Julian in prison effectively for the rest of his life. The only assurance that would be acceptable would be for the Biden Administration to drop this shameful case altogether, once and for all. He should not be in prison for a single day, not in the UK, not in the United States, not in Australia—because journalism is not a crime.”

As Moris noted, the US appeal itself reserved the “right” to impose SAMs once Assange is on US soil. Testimony at the extradition hearing, including from a former US prison warden, established that the imposition of SAMs is essentially extra-judicial, often being introduced at the say-so of the intelligence agencies, and with no genuine means of appeal.

The hearings, moreover, heard evidence of a case in which similar assurances were immediately thrown out the door once extradition was secured……………

Thordarson has now admitted, however, that almost all his testimony consisted of lies proffered in exchange for immunity from US prosecution. The American government thus submitted a false indictment to the British courts……….https://www.wsws.org/en/articles/2021/07/12/assa-j12.html?pk_campaign=assange-newsletter&pk_kwd=wsws

July 13, 2021 Posted by Christina Macpherson | Legal, politics international, secrets,lies and civil liberties, UK, USA | Leave a comment