Update: A London court ruled on Monday that Julian Assange could appeal his extradition in the United States, a decision which extends his long legal battle in the British courts.
A British court is expected to make a final decision after a hearing Monday on whether Julian Assange, the founder of WikiLeaks, will have the right to appeal an extradition order to the United States, where he faces charges under the Espionage Act.
Mr. Assange has been held in a London prison since 2019, accused by the United States of violations related to obtaining and publishing classified government documents on WikiLeaks in 2010.
His case has progressed slowly through the courts since his extradition was ordered by a London court in April 2022. Priti Patel, then Britain’s home secretary, approved the extradition two months later.
In February, the High Court heard Mr Assange’s latest appeal, and in March the judges asked US authorities to provide specific assurances about his treatment if extradited.
After Monday’s hearing, the court will decide whether those assurances – that Mr. Assange would not face the death penalty or be persecuted because of his nationality and that he could seek the same First Amendment protections as an American citizen – are satisfactory, and whether Mr. Assange can appeal his extradition.
Although the timing of the judgment is not yet clear, it could take place as early as Monday afternoon, after the end of the hearing. Here are the possible results:
Mr. Assange’s appeal is rejected.
At a news conference last week, members of Mr. Assange’s legal team and his wife said he could be put on a plane to the United States within 24 hours if the court decided he could not appeal, which could end a years-long battle.
But Mr Assange’s legal team has vowed to challenge his extradition by appealing to the European Court of Human Rights in Strasbourg, France. Britain is obliged to comply with the Court’s judgment as a member of the Court and a signatory to the European Convention on Human Rights. A court challenge could potentially halt his extradition until the case is heard in Strasbourg.
If the ECHR does not intervene, Mr. Assange could be extradited and face charges in the United States, including 17 counts of violating the Espionage Act, for his role in obtaining and publication of secret military and diplomatic documents, and a federal charge of conspiracy to conspire. hack a Pentagon computer network.
If convicted of the charges, he faces a sentence of up to 175 years in prison, according to his lawyers, who have called the charges politically motivated. But US government lawyers, who said the leaks put lives at risk, said Mr Assange would be more likely to receive a shorter sentence, of four to six years.
Mr Assange is allowed to appeal.
In its March ruling, the court rejected Mr Assange’s appeal requests on six of the nine grounds he had given, saying they had “no merit”. But they said Mr Assange had “arguable arguments” on the other three grounds of appeal: that in the United States he could face the death penalty, be persecuted because of his nationality or not have access to the protections of the First Amendment.
If the court determines that the assurances he received from the United States on these three issues are not sufficient, an appeal could be filed, which could open the door to a new decision regarding his extradition.
This would mean that the court case, which has captured worldwide attention and mobilized press freedom advocates, will continue to be contested and that Mr. Assange’s return to the United States will at least be delayed.
There could be a political agreement.
Mr. Assange’s legal team said last week that it was continuing to push for a political solution to his extradition, in the hope that he could ultimately be allowed to return to Australia, his home country.
Jennifer Robinson, a human rights lawyer, said the team was working closely with Australia’s prime minister and attorney-general “to try to find a resolution to this matter.”
“This could be resolved at any time when the United States makes the decision, which we believe is the right one, to drop this case and drop an indictment that has been universally condemned by justice groups. freedom of expression,” she said.
Mr. Assange’s team has suggested that judges could also exercise their discretion and decide to dismiss the extradition case entirely, but there is no indication that is on the table.
“I feel like anything can happen at this point,” said Stella Assange, Mr. Assange’s wife.
News Source : www.nytimes.com
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