A London Court has blocked the extradition of Julian Assange to the USA to stand trial on criminal charges due to concerns over Assange's mental health. District Judge Baraitser also highlighted concerns that procedures in American prisons would not prevent Assange from potentially taking his own life.
BACKGROUND AND RULING
The founder of WikiLeaks could face a 175-year prison sentence if convicted of the 17 espionage charges for the hacking and publication of secret US military documents and one charge of computer misuse in 2010 and 2011. The US prosecutors requested extradition from the UK on the argument that Assange’s actions endangered lives. However, Assange’s defence lawyers argued that the prosecution is politically motivated and that he is being pursued for publishing evidence of human rights abuses. Although District Judge Baraitser was of the view that the US prosecutors had met the tests for Assange to be extradited, it would be impossible for American authorities to stop him from attempting suicide. Specifically, District Judge Baraitser found “the mental condition of Assange is such that it would be oppressive to extradite him to the United States of America”.
Although Assange’s supporters welcomed the judgement, many were dismayed at the court’s rejection of the defence’s argument that the charges were an attack on press freedom. While Amnesty International welcomed the fact that Julian Assange will not be sent to the USA, it added that “this does not absolve the UK from having engaged in this politically-motivated process at the behest of the USA and putting media freedom and freedom of expression on trial”. Rebecca Vincent, the director of international campaigns for Reporters Without Borders stated: “This case is outrageous and clearly politically motivated. This trial intends to make an example of Assange and the future of press freedom is at stake.”
Assange first came to the attention of the public in 2010, when WikiLeaks leaked a video showing an airstrike by a US helicopter that killed civilians and two journalists in Iraq. Assange entered the Ecuadorian embassy in London in June 2012 and was granted asylum until April 2019, when he was removed from the embassy and detained by the Metropolitan Police for “failing to surrender to the court” over a warrant issued in 2012. Assange had resided in the Ecuadorian Embassy on the basis that he believed he was a victim of human rights abuses. At the same time, he was facing extradition to Sweden on allegations of rape, although this case was later discontinued. Since his removal from the Ecuadorian Embassy, Assange has been detained in Belmarsh Prison.
THE LEGAL BATTLE CONTINUES
Two days after the extradition hearing, Assange appeared at Westminster Magistrates’ Court for his bail application to be heard. His defence lawyers highlighted the conditions at Belmarsh high-security prison and the worsening of the Covid-19 pandemic. This was not the first time that the conditions of the prison were raised. The UN rapporteur Nils Melzer has repeatedly drawn attention to the dangerous conditions of Assange’s imprisonment at Belmarsh during a pandemic. Despite this, District Judge Baraitser found that Assange “still has an incentive to abscond from these, as yet unresolved, proceedings,” and she further stated that she believed he would fail to surrender if bailed. Importantly, District Judge Baraitser was content that Belmarsh prison was supervising Assange’s mental health. Nonetheless, Assange’s lawyers stated that when he absconded eight years ago, the circumstances were very different—and that if he were released, he would be reunited in the UK with family and wear an ankle tag. Assange was denied bail and remains in prison.
This case has yet to conclude, as it is anticipated that the US will appeal the District Judge’s decision not to extradite Assange. Furthermore, Stella Moris (Mr Assange’s partner) has appealed to Trump to pardon Assange.
Mary is currently undertaking the Bar Professional Training Course at BPP Law School. She holds an LLM from Queen Mary, University of London. Mary has a particular interest in international human rights, criminal and social justice issues.