Jurist UK High Court says Assange will not face extradition after inadequate assurance from US he will not face death penalty

[Dadparvar]

WikiLeaks founder Julian Assange “lives to fight another day” according to his brother Gabriel, as the UK High Court halted his potential transfer to the US on Tuesday due to inadequate assurances on his treatment if extradited to the US. The pause came following the court’s directive that the US government furnish assurances that Assange would be spared from facing the death penalty in the event of extradition.

The court’s decision (Para 9-11) clearly states:

1. The extradition was incompatible with the treaty.
2. His extradition is prohibited by the Extradition Act because it’s for the purpose of prosecuting a political opinion.
3. The extradition breaches Article 7 (No punishment without law) of the European Convention on Human Rights.
4. His right to a fair trial under Article 6 of the Convention is infringed.
5. The extradition is not in line with Article 2 (Right to life) and 3 (Prohibition of Torture) of the Convention.

Assange’s legal team has vehemently argued against his removal to the US, citing fears that he could face harsh treatment or even capital punishment if transferred across the Atlantic. The requirement by the High Court for assurances regarding the death penalty underscores the gravity of the situation and the potential consequences Assange could face if extradited.

The case has reignited discussions around press freedom, whistle-blower protection, and government transparency. Supporters of Assange view him as a champion of free speech and an advocate for exposing wrongdoing, while critics argue that his actions have endangered national security and compromised diplomatic relations.

The next steps in the extradition saga are eagerly anticipated by all parties involved, from legal experts and human rights advocates to government officials and the general public. The outcome of this legal battle will not only impact Assange’s future but also have broader implications for press freedom, government accountability, and the protection of whistle-blowers.

In the documents, the court said they “decline to admit fresh evidence” of any CIA led plot to kidnap Assange (para 209-211, 238-241).

UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dr Alice Jill Edwards commented on the ruling stating that, “[t]he Court has decided that Mr. Assange has a real prospect of success in appealing his extradition in these key areas: freedom of expression”, she continues to remind the UK of its international law obligations and repeated calls to halt his extradition. Speaking outside the court Julian Assange’s wife Stella said, “[t]he courts recognise that Julian Assange is exposed to a flagrant denial of his freedom of expression rights, that he is being discriminated against on the basis of his nationality and that he remains exposed to the death penalty”.

Amnesty International has reiterated concerns that Assange faces the risk of grave human rights violations if extradited to the US and has warned of an extreme impact on global media freedom. The court said Assange “has a real prospect of success on 3 of the 9 grounds of appeal”. The court has given the US Government 3 weeks to give “satisfactory assurances”. Assange faces 18 counts, all bar one under the The Espionage Act of 1917.


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