Assange’s High Court appeal against extradition to US delayed
Julian Assange faces a further wait to find out whether his final UK bid to appeal over his extradition to the US can go ahead at the High Court.
The WikiLeaks founder 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 judgment yesterday, Dame Victoria Sharp and Mr Justice Johnson dismissed most of Mr Assange’s legal arguments but said that unless assurances were given by the US, he would be able to bring an appeal on three grounds.
Those grounds would be that Australian-born Mr Assange arguably would not be entitled to rely on the First Amendment right to free speech as a non-US national; that he is not “prejudiced at trial” due to his nationality; and that, if extradited, he would not enjoy adequate death penalty protection.
Dame Victoria said: “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.”
The judges said the US authorities had three weeks to give the necessary assurances, with a final decision to be made in late May.
Speaking after the judgment, Mr Assange’s wife, Stella, said: “What the courts have done has been to invite a political intervention from the US… 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.”
Michelle Stanistreet, general secretary of the National Union of Journalists, said the risks to Assange “remain stark”.
She 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.”