UK court orders delay to extradition of WikiLeaks founder Julian Assange to US on espionage charges

By Associated Press, By OLIVER PRICE , 27 March 2024  https://www.dailymail.co.uk/news/article-13239885/Julian-Assange-appeal-against-extradition-court-rules.html?fbclid=IwAR05bAhgRzHKwygiC0ljNnPEU_bL1uwPz2mIRy7vU9RzSU0J_Qbi4aOpK_M_aem_AahKjiDK6G3wRltDvIaC_MtPOcRzYRMwUFpdRPeR7yiJcdMyJyjQi03SWVMX6MWQenTiiAm9LmgWVamqopIy9ZT_

The United States must give assurances that Julian Assange will not face the death penalty before judges will consider dismissing the WikiLeaks founder’s bid to bring an extradition appeal, the High Court has ruled.

Assange, 52, faces prosecution in the US over an alleged conspiracy to obtain and disclose national defence information following the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars.

In a 66-page ruling, Dame Victoria Sharp said: ‘Before making a final decision on the application for leave to appeal, we will give the respondent an opportunity to give assurances.

‘If assurances are not given then we will grant leave to appeal without a further hearing.

‘If assurances are given then we will give the parties an opportunity to make further submissions before we make a final decision on the application for leave to appeal.’

These assurances are that Assange would be protected by and allowed to rely on the First Amendment – which protects freedom of speech in the US, that he is not ‘prejudiced at trial’ due to his nationality, and that the death penalty is not imposed.

The judges said the US authorities had three weeks to give those assurances, with a final hearing potentially taking place in late May.

In her ruling, Dame Sharp said any assurances from the United States would need to include ‘that the applicant (Julian Assange) is permitted to rely on the First Amendment, that the applicant is not prejudiced at trial, including sentence, by reason of his nationality, that he is afforded the same First Amendment protections as a United States citizen, and that the death penalty is not imposed’. 

Speaking after the judgment, the Australian’s wife Stella Assange described the ruling as ‘astounding’.

She said: ‘What the courts have done has been to invite a political intervention from the United States… send a letter saying ‘its all ok’. I find this astounding.

‘This case is a retribution. It is a signal to all of you that if you expose the interests that are driving war they will come after you, they will put you in prison and will try to kill you.

‘The Biden administration should not issue assurances. They should drop this shameful case that should never have been brought.’

Addressing Julian Assange’s legal ground about freedom of speech guarantees in the US, Dame Victoria Sharp said: ‘The applicant wishes to argue, at any trial in the United States, that his actions were protected by the First Amendment.

‘He contends that if he is given First Amendment rights, the prosecution will be stopped. The First Amendment is therefore of central importance to his defence to the extradition charge.’

She continued: ‘If he is not permitted to rely on the First Amendment because of his status as a foreign national, he will thereby be prejudiced, potentially very greatly prejudiced, by reason of his nationality.’

Dame Victoria concluded: ‘It follows that it is arguable that the applicant might be treated differently at trial on the grounds of his nationality.

‘Subject to the question of whether this could be addressed by means of an assurance from the respondent, we would grant leave to appeal.’

WikiLeaks initially reacted positively to the news, saying Assange had been granted ‘leave to appeal’ his extradition, but he will only be allowed to do so if ‘assurances’ are not met.

Reacting to the ruling on X, formerly Twitter, this morning, WikiLeaks posted: ‘Julian Assange has been granted leave to appeal extradition to the US.

‘Having spent almost five years detained at the UK’s most secure prison the publisher will continue his long detention separated from his young family for revealing war crimes. #FreeAssangeNOW.’

WikiLeaks has now deleted this tweet.

WikiLeaks later added: ‘The court has given US Gov 3 weeks to give satisfactory assurances: That Mr. Assange is permitted to rely on the First Amendment to the US constitution; not prejudiced at trial by reason of his nationality; and that the death penalty is not imposed. #FreeAssange.’

The hearing at the Royal Courts of Justice today was attended by Assange’s wife Stella, dozens of journalists and members of the public, with hundreds observing remotely.

Dozens of people stood outside the central London courthouse to await the judgment, holding placards bearing the message ‘Free Julian Assange’ and chanting ‘There is only one decision, no extradition’.

Speaking at a press conference after Julian Assange’s bid to appeal against extradition to the US was delayed, Jennifer Robinson, WikiLeaks legal counsel, said the decision raised ‘fundamental concerns about free speech’.

She added: ‘It is absurd that we are five years into this case and the US has not offered assurance to protect him from (the death penalty).’ 

Ms Robinson added: ‘The judgment today demonstrates that if Julian was extradited to the United States there is a real risk and concern that he would not be afforded free speech protections.

‘We say the US should not be offering assurance in response to this judgment, they should be dropping the case and it is a case that should never have been brought in the first place.’

Speaking after the latest Julian Assange ruling, Michelle Stanistreet, general secretary of the National Union of Journalists, said: ‘A temporary reprieve is clearly preferable to an extradition that would have taken place in the coming days.

‘However, the conditionality around the grounds of appeal, which are contingent on the examination of US government assurances that he will not face the death penalty and has the right to free speech, mean the risks to Assange and press freedom remain stark.

‘Assange’s prosecution by the US is for activities that are daily work for investigative journalists – finding sources with evidence of criminality and helping them to get their stories out into the world.

‘If Assange is prosecuted, free expression the world over will be damaged.’

She added: ‘The nuanced nature of this appeal judgment makes an alternative ending to this situation even more pressing.

‘In recent months there has been increasing speculation about some kind of plea deal, to bring this saga to a swift and straightforward conclusion. I urge the US to return to these options.

‘Media freedom is under threat all over the world, compassion and common sense from the US Department of Justice would do much to restore Washington’s reputation as a bastion of free expression.’ 

Former Labour leader Jeremy Corbyn has called for the US to drop the charges against Julian Assange.

Speaking outside the Royal Courts of Justice, Mr Corbyn said Tuesday’s decision was ‘big step forward’ for Assange’s case but that it is ‘not the victory’ his supporters are looking for.

Mr Corbyn said: ‘Above all, the pressure has to be on the US administration to drop the charges against Julian Assange.

‘He’s a brave journalist who tells the truth.’

When asked why Assange’s case was important to him, the Corbyn said: ‘Because he’s told some very uncomfortable truths about the military activities in Iraq and Afghanistan and other places around the world, but also the effects of corporate greed on the natural world and environment.

‘If Julian goes down for that, then every serious journalist around the world is going to be feel a bit constrained, and that’s dangerous.’

n a January 2021 ruling, then-district judge Vanessa Baraitser said that Assange should not be sent to the US, citing a real and ‘oppressive’ risk of suicide, while ruling against him on all other issues.

But later that year, US authorities won their High Court bid to overturn this block, paving the way towards Assange’s extradition.

During a two-day hearing in February, lawyers for the 52-year-old asked for the go-ahead to challenge the original judge’s dismissal of other parts of his case to prevent his extradition.

And in a judgment today, Dame Victoria Sharp and Mr Justice Johnson dismissed most of Assange’s legal arguments but said that unless assurances were given by the United States, he would be able to bring an appeal on three grounds.

The judges said the US authorities had three weeks to give those assurances, with a final decision to be made in late May.

At the start of Assange’s bid last month, Mark Summers KC argued the US’s prosecution would be retribution for his political opinions, meaning it would be unlawful to extradite him under UK law.

However the two judges rejected this argument.

Dame Victoria said: ‘The applicant’s case before us amounts simply to a reassertion of his case on this issue, and a disagreement with the (district) judge’s conclusion.

‘It does not engage with the judge’s reasoning. Far less does it identify any flaw in her factual conclusions.’

March 26, 2024 Posted by Christina Macpherson | Legal | assange, julian-assange, news, Politics, Wikileaks | Leave a comment