From the BBC:
“Julian
Assange: UK judge blocks extradition of Wikileaks founder to US”
Wikileaks
founder Julian Assange cannot be extradited to the United States, a court in
London has ruled. The judge blocked the request because of concerns over Mr
Assange's mental health and risk of suicide in the US. Mr Assange, who is
wanted over the publication of thousands of classified documents in 2010 and
2011, says the case is politically motivated. Expressing disappointment at the
ruling, the US justice department noted that its legal arguments had prevailed.
Its position is that the leaks broke the law and endangered lives. "While
we are extremely disappointed in the court's ultimate decision, we are
gratified that the United States prevailed on every point of law raised,"
the justice department said. The US authorities have 14 days in which to lodge
an appeal and are expected to do so. Mr Assange will now be taken back to
Belmarsh Prison - where he is being held - and a full application for his bail
will be made on Wednesday. His lawyer Ed Fitzgerald QC told the court there
would be evidence to show Mr Assange would not abscond.
What did the
judge say? District Judge Vanessa Baraitser ruled that while US prosecutors
had met the tests for Mr Assange to be extradited for trial, the US was
incapable of preventing him from attempting to take his own life. Outlining
evidence of his self-harm and suicidal thoughts, she said: "The overall
impression is of a depressed and sometimes despairing man fearful for his
future." She said: "Faced with the conditions of near total
isolation without the protective factors which limited his risk at HMP
Belmarsh, I am satisfied the procedures described by the US will not prevent Mr
Assange from finding a way to commit suicide and for this reason I have decided
extradition would be oppressive by reason of mental harm and I order his
discharge." Wikileaks founder Julian Assange"s partner, Stella
Moris, raises her fist as she speaks to the media outside the Old Bailey,
London, following the ruling that he cannot be extradited to the United States.
Assange, 49, was facing an 18-count indictment, alleging a plot to hack computers
and a conspiracy to obtain and disclose national defence information. Mr
Assange, who wore a blue suit and green face mask in the dock, closed his eyes
as the judge read out her ruling on Monday. His fiancee Stella Moris,
with whom he has two young sons, wept and was comforted by Wikileaks
editor-in-chief Kristinn Hrafnsson, who sat next to her in court. Speaking
outside court after the ruling, she called on the US president to "end
this now". "Mr President, tear down these prison walls,"
she said. "Let our little boys have their father. Free Julian, free the
press, free us all."
District Judge
Vanessa Baraitser explicitly concluded that Mr Assange should answer
allegations that he aided and abetted hacking, theft and the disclosure of the
identities of informants working for the US security agencies - disclosures
that endangered their lives. In English law, that would be enough for him to be
charged with a crime here - and so the route was open for Mr Assange to face
trial for the same in the United States. But British extradition law also
requires a judge to consider Mr Assange's health. And it's the effect of his
possible detention in near-solitary confinement in a "supermax"
prison that proved decisive. The US, in the judge's conclusion, can't stop a
mentally unwell man taking his own life in those conditions. And so the legal
requirement to treat Mr Assange humanely trumps the seriousness of the case
that the judge acknowledges he should answer. When the US appeals - it'll have
to convince more senior judges otherwise.
What would
Assange face in the US? If convicted in the US, Mr Assange faces a possible
penalty of up to 175 years in jail, his lawyers have said. However the US
government said the sentence was more likely to be between four and six years.
Mr Assange faces an 18-count indictment from the US government, accusing
him of conspiring to hack into US military databases to acquire sensitive
secret information relating to the Afghanistan and Iraq wars, which was then
published on the Wikileaks website. He says the information exposed
abuses by the US military. But US prosecutors say the leaks of
classified material endangered lives, and so the US sought his extradition from
the UK. Extradition is the process under which one country can ask
another to hand over a suspect to face trial.
What
reaction has there been? Following the judgement, several politicians and
organisations welcomed the news, although some expressed dismay that the ruling
was made on health grounds: Mexican President Andres Manuel Lopez
Obrador said he had instructed his foreign minister to offer political asylum
to Mr Assange who "is a journalist and deserves a chance" "Good
news Julian Assange's extradition has been blocked," said UK Conservative
MP David Davis on Twitter. "Extradition treaties should not be used for
political prosecutions" Former UK Labour leader Jeremy Corbyn
called it "good news" but said it was "alarming that the judge
has accepted US government arguments threatening freedom of speech and freedom
to publish" Mr Assange was
jailed for 50 weeks in May 2019 for breaching his bail conditions after going
into hiding in the Ecuadorian embassy in London. He sought refuge in the
embassy for seven years from 2012 until he was arrested in April 2019. At the
time he fled to the embassy, he had been facing extradition to Sweden on
allegations of sexual assault which he denied. That case was later dropped.
^ This just
shows you that the justice system doesn’t always provide justice. It cares more
for the criminal rather than the victims. It is nice to see Assange go from
looking like a fighter (when he was hiding in the Embassy of Ecuador) to a
hallow man (in the British court.) As for his mental state: he clearly was and has
always been mentally unstable so nothing will have changed there. I see the US
appealing, but don’t think the British will accept it. ^
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