Julian Assange has succeeded in his attempt to prevent his extradition to the United States – but faces a further wait to discover whether his final legal appeal can go ahead at the High Court.
The WikiLeaks founder is facing prosecution on the other side of the Atlantic 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 January 2021 ruling, then-district judge Vanessa Baraitser said Assange should not be sent to the US, citing a real and “oppressive” risk of suicide, while ruling against him on all other issues.
However, later that year, US authorities won their High Court bid to overturn this block, paving the way towards Assange’s extradition.
During a two-day hearing in February, lawyers for the 52-year-old asked for the go-ahead to challenge the original judge’s dismissal of other parts of his case to prevent his extradition.
And in a judgment today, Dame Victoria Sharp and Mr Justice Johnson dismissed most of Assange’s legal arguments but said that unless assurances were given by the United States, he would be able to bring an appeal on three grounds.
The judges said the US authorities had three weeks to give those assurances, with a final decision to be made in late May.
At the start of Assange’s bid last month, Mark Summers KC argued the US’s prosecution would be retribution for his political opinions, meaning it would be unlawful to extradite him under UK law.
But Clair Dobbin KC, for the US, said the plans to extradite and prosecute Assange are based on his alleged actions, not his political opinions.
The hearing at the Royal Courts of Justice was attended by dozens of journalists and members of the public, with hundreds observing remotely.
Assange’s supporters have argued he is a journalist protected by the First Amendment who exposed US military wrongdoing in Iraq and Afghanistan that was in the public interest.
They have argued his prosecution is politically motivated and he cannot get a fair trial in the US.
The US government said Assange’s actions went beyond journalism by soliciting, stealing and indiscriminately publishing classified government documents that endangered innocent lives.
Scores of Assange supporters demonstrated outside the central London courthouse over both days, waving banners and inviting passing drivers to honk their horns.
In her ruling, Dame Sharp said any assurances from the United States would need to include “that the applicant (Julian Assange) is permitted to rely on the First Amendment, that the applicant is not prejudiced at trial, including sentence, by reason of his nationality, that he is afforded the same First Amendment protections as a United States citizen, and that the death penalty is not imposed”.
The case has been adjourned until May 20.
Judges Victoria Sharp and Jeremy Johnson said that if no assurances are filed by the US, they will grant Assange permission to appeal extradition on grounds including breach of freedom of expression, and because he might receive the death penalty.
