UK court says Assange can’t be extradited on espionage charges until US rules out death penalty Russia persists in blaming Ukraine for concert attack despite its denial and Islamic State’s claim
LONDON (AP) — A British court ruled Tuesday that Julian Assange can’t be extradited to the United States on espionage charges unless U.S. authorities guarantee he won’t get the death penalty, giving the WikiLeaks founder a partial victory in his long legal battle over the site’s publication of classified American documents.
Two High Court judges said they would grant Assange a new appeal unless U.S. authorities give further assurances within three weeks about what will happen to him. The ruling means the legal saga, which has dragged on for more than a decade, will continue — and Assange will remain inside London’s high-security Belmarsh Prison, where he has spent the last five years.
Judges Victoria Sharp and Jeremy Johnson said the U.S. must guarantee that Assange, who is Australian, “is afforded the same First Amendment protections as a United States citizen, and that the death penalty is not imposed.”
The judges said that if the U.S. files new assurances, “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 a hearing will be held May 20 if the U.S. makes those submissions.
The U.S. Justice Department declined to comment Tuesday.
Assange’s supporters say he is a journalist protected by the First Amendment who exposed U.S. military wrongdoing in Iraq and Afghanistan that was in the public interest.
Assange’s wife Stella Assange said the WikiLeaks founder “is being persecuted because he exposed the true cost of war in human lives.”
“The Biden administration should not issue assurances. They should drop this shameful case, which should never have been brought,” she said outside the High Court in London.
The ruling follows a twoday hearing in the High Court in February, where Assange’s lawyer Edward Fitzgerald said American authorities were seeking to punish him for WikiLeaks’ “exposure of criminality on the part of the U.S. government on an unprecedented scale,” including torture and killings.
The U.S. government said Assange’s actions went beyond journalism by soliciting, stealing and indiscriminately publishing classified government documents that endangered many people, including Iraqis and Afghans who had helped U.S. forces.
The judges rejected six of Assange’s nine grounds of appeal, including the allegation that his prosecution is political. They said that while Assange “acted out of political conviction … it does not follow however that the request for his extradition is made on account of his political views.”
The judges also said Assange could not appeal based on allegations, made by his lawyers, that the CIA developed plans to kidnap or kill Assange during the years he spent holed up in the Ecuadorian Embassy in London, to prevent him from trying to flee.
The judges said “plainly, these are allegations of the utmost seriousness,” but concluded they had no bearing on the extradition request.
“Extradition would result in him being lawfully in the custody of the United States authorities, and the reasons (if they can be called that) for rendition or kidnap or assassination then fall away,” the ruling said.
They accepted three grounds or appeal: the threat to Assange’s freedom of speech, Assange’s claim that he faces disadvantage because he is not a U.S. citizen, and the risk he could receive the death penalty.
U. S. authorities have promised Assange would not receive capital punishment, but the judges said that “nothing in the existing assurance explicitly prevents the imposition of the death penalty.”
Jennifer Robinson, one of Assange’s lawyers, said that “even if we receive the assurances, we’re not confident we can rely on them.”
Assange, 52, a computer expert, has been indicted in the U.S. on charges over Wikileaks’ publication in 2010 of hundreds of thousands of classified documents.
MOSCOW (AP) — Russian officials persisted Tuesday in saying Ukraine and the West had a role in last week’s deadly Moscow concert hall attack despite vehement denials of involvement by Kyiv and a claim of responsibility by an affiliate of the Islamic State group.
Without offering any evidence, Alexander Bortnikov, head of the Federal Security Service, or FSB, followed similar allegations by President Vladimir Putin, who linked the attack to Ukraine even as he acknowledged that the suspects who were arrested were “radical Islamists.”
The IS affiliate claimed it carried out the attack, and U.S. intelligence said it had information confirming the group was responsible. French President Emmanuel Macron said France also has intelligence pointing to “an IS entity” as responsible for the attack.
But despite the signs pointing to IS, Putin insisted on alleged Ukrainian involvement — something that President Volodymyr Zelenskyy rejected, accusing the Kremlin leader of trying to drum up fervor as his forces fight in Ukraine.
Bortnikov alleged that Western spy agencies also could have been involved in the deadliest terror attack on Russian soil in two decades, even as he acknowledged receiving a U.S. tip about the attack.
“We believe that radical
Islamists prepared the action, while Western special services have assisted it and Ukrainian special services had a direct part in it,” Bortnikov said without giving details.
He repeated Putin’s claim that the four gunmen were trying to escape to Ukraine when they were arrested. casting it as a proof of alleged involvement by Kyiv.
But that assertion was undercut slightly by Belarus’ authoritarian President Alexander Lukashenko. who said Tuesday the suspects were headed for Ukraine because they feared tight controls on the Belarus border.
Russia is still reeling from the attack Friday in which gunmen killed 139 people in the Crocus City Hall, a concert venue on the outskirts of Moscow. Health officials said about 90 people remain hospitalized, with 22 of them, including two children, in grave condition.
The four men accused of carrying out the attack appeared in a Moscow court on Sunday on terrorism charges and showed signs of severe beatings. One appeared to be barely conscious during the hearing.
The men are citizens of Tajikistan, authorities said, and were identified as Dalerdzhon Mirzoyev, 32; Saidakrami Rachabalizoda, 30; Shamsidin Fariduni, 25; and Mukhammadsobir Faizov, 19.