Julian Assange has been given a reprieve in his fight against extradition to the United States after the WikiLeaks founder ruled that his case can go to an appeals court, but it comes as the Biden administration takes the court to court. Only if adequate guarantees cannot be provided.
Chair of the Crown Bench Division Victoria Sharp and Mr Justice Johnson said Mr Assange had a realistic prospect of success on three of the nine grounds asserted, but to provide reassurance on the relevant issues. The U.S. government has extended a three-week grace period to appeal the case. It is important.
Had Assange been denied permission to appeal, he could have been extradited within days to face spying charges. Although the judge’s decision means he avoids that fate, he will face further waiting, with his future still unresolved.
in written judgmentIn a judgment handed down on Tuesday morning, Sharp said that while there was a real chance of success on appeal, concerns that “could be addressed by a bond” were “what the applicant asserts”. Stated. [Assange] Permission to rely on the First Amendment; Applicants will not be disadvantaged at trial, including sentencing, because of their nationality; They will be afforded the same First Amendment protections as U.S. citizens; and the death penalty. “Not imposed.”
At a two-day hearing last month, which Mr. Assange was unable to attend due to ill health, he said that if he were to be extradited to the United States on charges related to the release of thousands of classified information by Assange and WikiLeaks, he would “obviously The lawyers argued that they faced a “denial of justice.” There were also diplomatic documents that purported to expose torture, extradition, extrajudicial killings, and war crimes.
His wife, Stella Assange, expressed regret at the judge’s decision. “What the court did was invite political intervention from the United States… to send a letter saying, ‘Okay,'” she said. “I think this is amazing.
“This case is about retaliation. It is a warning to all of you that if you expose the interests that are causing the war, they will come after you, put you in jail, and try to kill you. It’s a signal.
“The Biden administration should not announce any guarantees. They should drop this shameful lawsuit that should never have been filed.”
Prior to this ruling, there were reports that the US government was considering offering Assange a plea deal in which he would plead guilty to a lesser charge, which would allow him to be released from prison in the UK. Lawyers said: “The conditions are given.” There is no indication that Washington will change its approach.
In his 66-page judgment on Tuesday, Sharpe wrote that the UK Home Secretary said there was nothing to prevent Mr Assange from being indicted on capital offenses in the US and subsequently carried out the death penalty. The lawyer said he accepted.
She cited “calls for the death penalty by major politicians and other public figures” as evidence of such risks.the fact that [UK-US extradition] The Convention does not prevent extradition for capital punishment charges, nor is the fact that existing guarantees do not explicitly cover the death penalty. ”
Regarding free speech protections under the First Amendment, Sharp said: [Assange] They argue that if he is granted his First Amendment rights, the charges will be stayed. The First Amendment is therefore critical to his defense against extradition charges. Additionally, if he is convicted, he may wish to invoke the First Amendment on sentencing issues. If you are not allowed to rely on the First Amendment because of your alien status, you could be subject to prejudice because of your nationality, and you would be subject to very great prejudice. ”
The US has until April 16th to submit its guarantees. If you do not, you will be granted leave to appeal. If assurances are obtained by that date, the parties will be asked to make further written submissions on the leave issue for appeal at another hearing tentatively listed for May 20.
Michelle Stanistreet, general secretary of the National Union of Journalists, welcomed the “temporary reprieve” but called on the US to pursue a plea deal.
“The terms of the grounds of appeal are conditional on a review of the US government’s assurances that he will not be sentenced to death and that he has the right to free speech, meaning the risks to Assange and press freedom remain grave. ” she said.
