The London High Court on Tuesday provided WikiLeaks founder Julian Assange a temporary but much-needed relief while hearing a plea seeking his extradition from the United Kingdom to the United States.
Hearing US prosecutors’ plea, the London High Court said the US must provide assurances he would not face the death penalty. After the court verdict, authorities put Assange’s extradition to the United States on hold.
US prosecutors are seeking to put 52 years old Assange on trial on 18 counts, all bar one under the Espionage Act. The WikiLeaks founder has been facing a case of high-profile release of confidential US military records and diplomatic cables.
In February this year, Assange’s lawyers sought permission to challenge Britain’s approval of his extradition, part of a more than 13-year legal battle in English courts.
Two senior judges of the London High Court said in their ruling that Assange had a real prospect of successfully appealing against extradition on several grounds.
The court said in its written ruling that Assange arguably would not be entitled to rely on the First Amendment right to free speech as a non-US national. While none of the existing charges carried the death penalty, he could later be charged with a capital offence such as treason. This means it would be unlawful to extradite him.
According to the judges, Assange pointed to a comment by former US president Donald Trump from 2010 where he said while referring to WikiLeaks, “I think there should be like a death penalty or something.”
His case was at least arguable, the ruling said, citing “the calls for the imposition of the death penalty by leading politicians and other public figures”.
The judgement said that Assange would be granted permission to appeal if the US assurances are not forthcoming by April 16. The next hearing has been scheduled for May 20. This means his extradition, which could have been imminent depending on the ruling, has been put on hold.
Responding to the judgement outside the court, Assange’s wife Stella Assange said, “Today’s decision is astounding.” She said, “The [US President Joe] Biden administration should not issue assurances, they should drop this shameful case that should never have been brought.”
Although Assange’s legal team was successful to some extent, the court rejected his bid for an appeal on the basis that the case was politically motivated or that he would not receive a fair trial.
Assange’s supporters hail him as an anti-establishment hero who is being persecuted, despite being a journalist, for exposing US wrongdoing and alleged war crimes.
The US says the WikiLeaks’ revelations imperilled the lives of their agents and there was no excuse for his criminality. It has said Assange was charged for “indiscriminately and knowingly” publishing sources’ names and not his political opinions.
