WikiLeaks’ Julian Assange’s US extradition appeal delayed
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Julian Assange’s extradition has been delayed as the High Court ruled the United States must give assurances he will not face the death penalty.
In a judgment on Tuesday morning, Dame Victoria Sharp and Mr Justice Johnson dismissed most of the WikiLeaks founder’s legal arguments for leave to appeal against an earlier ruling which paved the way for his extradition to the US.
However the judges said that unless assurances were given by the United States he would be able to bring an appeal on three grounds.
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.
Assange, 52, has been accused of 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 their judgment, Dame Victoria and Mr Justice Johnson dismissed most of Assange’s legal arguments but said that he would be able to bring an appeal on three grounds unless assurances were given by the US.
The judges said the US authorities had three weeks to give those assurances, with a final decision to be made in late May.
In a 66-page ruling for the Assange case, Dame Victoria 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.”
Speaking after the judgment, Assange’s wife Stella said: “What the courts have done has been to invite a political intervention from the United States... send a letter saying: ‘It’s 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.”
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.
But Clair Dobbin KC, for the US, said the plans to extradite and prosecute Assange were based on his alleged actions, not his political opinions.
Scores of Assange supporters demonstrated outside the central London court over both days, waving banners and inviting passing drivers to honk their horns.
