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UK court blocks Julian Assange extradition to US

A British judge rules WikiLeaks founder Julian Assange should not be extradited to the US to face espionage charges, finding he was at risk of suicide.

WikiLeaks founder Julian Assange. Picture: AFP
WikiLeaks founder Julian Assange. Picture: AFP

A British judge has ruled that WikiLeaks founder Julian ­Assange should not be extradited to the US to face espionage ­charges, saying jail conditions there would be so “oppressive’’ he might take his own life.

Westminster District Court judge Vanessa Baraitser handed down her judgment in favour of Assange on Monday night after a month-long trial at the Old ­Bailey in London in September. “Faced with the conditions of near total isolation without the protective factors which limited his risk at (London prison) HMP Belmarsh, I am satisfied the procedures described by the United States 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,’’ she said.

Stella Moris, partner of WikiLeaks founder Julian Assange, speaks to the media outside the Old Bailey court in London on Monday. Picture: AFP
Stella Moris, partner of WikiLeaks founder Julian Assange, speaks to the media outside the Old Bailey court in London on Monday. Picture: AFP

US prosecutors immediately filed an appeal to a higher court.

Assange, dressed in a suit and tie in court, barely reacted when the judgment was read, appearing initially stunned at his court victory before wiping his brow.

His partner, Stella Moris, wept however as she was hugged by WikiLeaks editor-in-chief Kristinn Hrafnsson.

The extradition ruling came despite the judge rejecting almost every argument Assange’s legal team had put forward.

It was only on the final point, that of Assange’s health, that the tone of the judgment shifted. Judge Baraitser said Assange was depressed and was in no condition to face US prison conditions.

Judge Baraitser said: “I am satisfied Mr Assange has the intellect and determination to circumvent suicide prevention measures. Mr Assange would not only find a way to suicide but it would be executed with a ­single-minded determination.”

US prosecutors to appeal Julian Assange extradition denial

The US sought the extradition of the 49-year-old to face 18 charges of computer hacking, and obtaining and publishing ­secret government documents, which attracts a maximum term of 175 years if convicted.

The indictment largely relates to events and WikiLeaks publications during 2010 and 2011, including conspiracy to obtain and publish classified documents relating to US military operations in Iraq and Afghanistan, US State Department ­cables and Guantanamo Bay ­detainee assessment briefs.

The judge rejected the submission of Assange’s legal team, headed by Edward Fitzgerald QC, that the extradition should be denied because the US actions were politically motivated, an abuse of the process of the British court and a clear violation of the requirements of the Anglo-US Treaty. She also rejected submissions on the basis he would not receive protections under the US constitution for free speech.

WikiLeaks editor-in-chief Kristinn Hrafnsson in London on Monday. Picture: Getty Images
WikiLeaks editor-in-chief Kristinn Hrafnsson in London on Monday. Picture: Getty Images

Assange was sent back to prison until this Wednesday when the court will consider a bail ­application and costs.

UN special rapporteur on torture Nils Melzer has urged US President Donald Trump to pardon Assange, saying he is not “an enemy of the American people”.

Ms Moris, with whom ­Assange has two young sons, also appealed to Mr Trump directly. The UK hearing was told Mr Trump promised to pardon ­Assange if he testified Russia hacked into the computer servers of the Democratic National Committee during the 2016 election campaign.

WikiLeaks later published the emails, which proved politically damaging to Mr Trump’s Democratic rival, Hillary Clinton, before the vote.

Assange supporters celebrate outside the court in London on Monday. Picture: AFP
Assange supporters celebrate outside the court in London on Monday. Picture: AFP

Washington claims Assange helped intelligence analyst Chelsea Manning to steal the 2010 documents before exposing confidential sources around the world.

After Sweden first issued an arrest warrant for Assange in 2010 over allegations of sexual assault, he sought asylum in ­Ecuador’s embassy in London, where he remained from 2012 until 2019. In April 2019, Ecuador, by then ruled by right-wing president Lenin Moreno, revoked his citizenship. British police dragged Assange out of the ­embassy.

He was arrested for breaching his bail terms but remained in custody pending the ruling on the extradition request. The earlier Swedish assault investigation against him was later dropped due to lack of evidence.

The US non-profit Freedom of the Press Foundation said the case against Assange was “the most dangerous threat to US press freedom in decades”.

Additional reporting: AFP

Jacquelin Magnay
Jacquelin MagnayEurope Correspondent

Jacquelin Magnay is the Europe Correspondent for The Australian, based in London and covering all manner of big stories across political, business, Royals and security issues. She is a George Munster and Walkley Award winning journalist with senior media roles in Australian and British newspapers. Before joining The Australian in 2013 she was the UK Telegraph’s Olympics Editor.

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Original URL: https://www.theaustralian.com.au/world/uk-court-blocks-assange-extradition/news-story/6f8318ac623cb9c9e15e1bf8589da176