WikiLeaks founder Julian Assange has been granted permission by the High Court in London to launch a fresh appeal against his extradition to the United States. This decision reached by Dame Victoria Sharp and Mr. Justice Johnson allows Assange to challenge key promises provided by US officials concerning the conditions of his trial and treatment if extradited.
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Julian Assange faces 17 espionage charges and one charge of computer misuse in the US, with penalties totaling up to 175 years in prison.
The charges stem from WikiLeaks’ publication of thousands of classified US diplomatic and military documents nearly 15 years ago, which the US alleges endangered lives by exposing confidential sources.
In March, the High Court allowed Julian Assange to appeal on three grounds unless the US provided “satisfactory” assurances regarding his treatment.
These assurances included protections under the First Amendment of the US Constitution, assurances against trial prejudice due to nationality and a guarantee that the death penalty would not be imposed.
Julian Assange’s legal team successfully argued that the assurances provided by the US were insufficient particularly concerning his right to a fair trial and freedom of expression.
They highlighted that US prosecutors including Assistant US Attorney Gordon Kromberg suggested the First Amendment might not apply to foreigners in national security cases.
Edward Fitzgerald KC, representing Assange contended that the US assurance was inadequate noting it only allowed Assange to “seek to raise” First Amendment protections without guaranteeing their applicability.
The court acknowledged the possibility that Julian Assange could be discriminated against due to his nationality especially given the stance of US prosecutors on the First Amendment’s application to foreign nationals.
The judges accepted that there was an arguable case regarding prejudice at trial or punishment based on Julian Assange’s nationality.
The court found that the US assurances did not sufficiently tackle concerns about discrimination and fair trial rights.
Julian Assange’s team did not contest the US assurance that the death penalty would not be sought, accepting it as an “unambiguous executive promise.”
The decision was met with relief and celebration among Julian Assange’s supporters including his wife, Stella, and his father, John Shipton, who were present at the High Court.
Human rights organizations including Amnesty International, welcomed the ruling. Simon Crowther of Amnesty International addresses the importance of protecting press freedom.
Kristinn Hrafnsson, WikiLeaks’ editor-in-chief viewed the decision as a step forward and indicated potential moves to seek Julian Assange’s release on bail.
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James Lewis KC, representing the US argued that the prosecution of Julian Assange was justified and that the conduct he was accused of fell outside First Amendment protections.
Lewis asserted that both US citizens and non-citizens are not entitled to First Amendment protections for publishing illegally obtained national defense information.
The High Court judges ruled in favor of Julian Assange after his legal team argued that the assurances provided by the U.S. government were “blatantly inadequate.”
The judges granted Julian Assange the right to appeal on two grounds related to free press issues. Assange’s lawyers contended that he would not receive the same free speech protections as an American citizen if extradited.
Julian Assange, 52, faces 17 espionage charges and one charge of computer misuse in the U.S. The charges stem from WikiLeaks’ publication of classified U.S. documents approximately 15 years ago.
U.S. prosecutors allege that Assange conspired with U.S. Army intelligence analyst Chelsea Manning to steal and publish diplomatic cables and military files.
Hundreds of Julian Assange’s supporters gathered outside the Royal Courts of Justice, cheering and applauding the decision.
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Julian Assange’s wife, Stella, expressed relief but also frustration over the nature of the case. “This case is shameful and it is taking an enormous toll on Julian,” Stella Assange stated, calling on the U.S. to drop the charges.
The U.S. provided assurances that Assange would not face the death penalty and would have the same free speech protections as a U.S. citizen.
The court’s decision allows Julian Assange to challenge the U.S. assurances in a full appeal. If deprived of a First Amendment defense, Assange’s extradition could be deemed incompatible with the European Convention on Human Rights.
U.S. President Joe Biden indicated he was considering a request from Australia to drop the prosecution.
Julian Assange has been fighting extradition for more than a decade, spending seven years in the Ecuadorian Embassy in London and the past five years in a British high-security prison. His health has reportedly deteriorated with physical and mental tolls from his confinement.
Julian Assange’s supporters including public figures and human rights organizations argue that his prosecution is politically motivated.
They maintain that Assange’s work exposed U.S. military wrongdoing and that his extradition would set a dangerous precedent for press freedom globally.
Protesters gathered in various locations including Rome’s Pantheon to demonstrate solidarity with Assange.
The High Court’s ruling means that Assange’s legal team has several months to prepare for a full appeal. The appeal will focus on whether the U.S. courts will protect Assange’s right to free speech as an Australian citizen.
Julian Assange’s U.S. lawyer, Barry Pollack hailed the ruling as a “significant milestone” and urged the U.S. to reconsider its prosecution.
Edward Fitzgerald KC, representing Assange in the UK, addressed that the assurances provided by the U.S. were inadequate and that the risk to Assange’s rights had not been conclusively removed.
President Joe Biden has faced considerable pressure both domestically and internationally to drop the charges against Assange.
There have been indications that the US is considering an Australian request to discontinue the case.
The High Court’s ruling prolongs Assange’s legal battles which have included seeking asylum in the Ecuadorian embassy in London for seven years to avoid extradition.
Assange’s legal team will now prepare for a full appeal focusing on the argument that his trial in the US would violate his rights under the European Convention on Human Rights, analogous to First Amendment protections.
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