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Judges put off decision in Assange case

By JULIAN SHEA in London | China Daily Global | Updated: 2024-03-27 09:37
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A supporter of WikiLeaks founder Julian Assange holds a sign, following a ruling on whether Julian Assange can appeal against extradition from Britain to the United States, in London, Britain, March 26, 2024. [Photo/Agencies]

Judges at the High Court in London say they want "satisfactory assurances" from the United States government on whether WikiLeaks founder Julian Assange would face the death penalty, and whether he would be able to rely on the Constitution's First Amendment about freedom of speech, before they will make the latest ruling in his long-running extradition saga.

A decision over whether the 52-year-old Australian can challenge his extradition had been due on Tuesday, but it has now been delayed until May 20.

"If those assurances are not given, then leave to appeal will be given and there will then be an appeal hearing," said a summary of the court's judgment. "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."

It was the latest development in a long-running legal saga involving Assange who, in 2006, set up the WikiLeaks website, which specializes in publishing leaked confidential and high-security documents.

Its most high-profile publication was a large amount of material supplied by former US army intelligence analyst Chelsea Manning.

After details of the alleged killing of civilians in Afghanistan by US forces were published, in 2019 Assange was charged with 18 offenses, including breaking into military databases, since which time he has been detained in London's Belmarsh prison while he has fought extradition to the US.

In June 2022, the UK's Home Office announced that "following consideration by both the Magistrates Court and High Court, the extradition of Mr Julian Assange to the US was ordered".

The statement went on to say the courts "have not found that it would be oppressive, unjust or an abuse of process to extradite Mr Assange …nor have they found that extradition would be incompatible with his human rights, including his right to a fair trial and to freedom of expression".

In the run-up to Tuesday's announcement, Assange's wife Stella had said "what's at stake is the ability to publish the truth and expose crimes when they're committed by states", and she also expressed fears about damage being done to her husband's physical and mental health by the strain of the case.

Speaking outside the High Court after the latest unexpected development, she told reporters she was "astounded" by the judges' decision "to invite a political intervention from the US".

If Assange fails in his latest challenge, his only remaining course of action would be to take his case to the European Court of Human Rights, which has previously dismissed his applications.

His supporters say that were he to be extradited to the US, he could face a sentence of 175 years in a high-security prison, although US prosecutors say he would face no more than 63 months.

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