The extradition case of imprisoned WikiLeaks’ founder Julian Assange was heard last week at the British High Court of Justice in London.
In what is seen as a last-ditch attempt, Julian Assange’s lawyers are seeking permission from the High Court to challenge the extradition order signed by then UK home secretary Priti Patel in 2022.
At the conclusion of the two day hearing on 20th and 21st February 2024, judges Dame Victoria Sharp and Mr Justice Johnson, reserved their decision. A ruling is not expected to be handed down until next month at the earliest.
Assange has been indicted on 17 charges under the US Espionage Act of 1917, plus one charge of computer misuse, as a result of publishing classified US military documents on the WikiLeaks website almost 15 years ago. These documents exposed US war crimes in Iraq and Afghanistan. If convicted, Assange faces a sentence of up to 175 years in a US maximum security, or Supermax, prison.
If Assange loses his appeal to the High Court, his lawyers have indicated that they will ask the European Court of Human Rights (ECtHR) to block his extradition. Supporters, however, are concerned that he could be flown to the US before that occurs, since the British government has already signed an extradition order.
During the course of the two day hearing, hundreds of protesters rallied outside the High Court in support of Julian Assange. Andrew Wilkie, independent federal member for the seat of Clark in Tasmania, flew to London to join the protesters on the last day of the hearing. He indicated that it was important for an Australian parliamentarian to join the protestors, especially since the Australian parliament had recently endorsed a motion calling for Assange to be allowed to return home.1
According to his lawyers, Julian Assange was unable to attend the two day hearing, either in person or online, due to ill health.
Assange has been held in Belmarsh maximum security prison in southeast London since 11th April 2019 where he is confined to his cell for 23 out of every 24 hours. Prior to that, he spent 7 years in London’s cramped Ecuadorian embassy before having his diplomatic asylum status and citizenship revoked by Ecuadorian authorities. Subsequently, he was forcibly removed from the embassy and arrested by London’s Metropolitan Police.1
Commenting on the hearing, Jennifer Robinson, counsel to Julian Assange and WikiLeaks since October 2010, said she believed the two judges presiding over the case were receptive to the arguments presented by Assange’s legal team.
In particular, the court heard a long exposition from Assange’s counsel on the impact of WikiLeaks’ revelations about war crimes and human rights abuses in the context of the US war on terror. Counsel argued that Assange has been prosecuted and punished for having revealed US state criminality. As such, the extradition bid by the US constituted a form of state retaliation for the expression of political opinion – one of many bars to extradition from the UK as set out by the Crown Prosecution Service (CPS).
Robinson also said that the judges appeared concerned by counsel’s arguments relating to the death penalty. Counsel argued that if Assange is extradited to the US he could potentially face the death penalty given the indictment’s charges. To date, the US has offered no assurance that the death penalty would not be applicable to Assange if he was extradited.
As well, Robinson said that the judges appeared troubled by counsel’s free speech argument. The court heard a detailed exposition about how the European Court of Human Rights would assess the indictment against Assange. It was argued that Assange’s activity as a publisher would be regarded as a form of protected activity under European jurisprudence. The European Court would therefore conclude that he should not be extradited.
While it was noted that the judges appeared to be genuinely engaged by the arguments presented, it remains to be seen how they will adjudge the case.
Refer to Jennifer Roberton’s interview by Democracy Now! in the video above.
Notes
1. View Andrew Wilkie’s address to the rally outside London’s High Court in the video above – start: 10:41 mins; finish: 12:34 mins.
2. Refer to the interview in October 2019 with Fidel Narvaez, the ousted Ecuadorian diplomat who handled Julian Assange’s case. It is alleged that Lenín Moreno, president of Ecuador at the time, caved into international pressure, broke his promises, and gave Assange up to British authorities.