 "Wikileaks' Julian Assange wins right to appeal against US extradition. 15 years later, how did he get here?")
Supporters of Julian Assange cheered outside the London High Court on Monday (20 May) as the WikiLeaks founder secured a potentially significant victory in his ongoing legal battle against US efforts to extradite him from the UK to face espionage charges. The judges ruled that he could file a new appeal against his extradition.
Assange’s family had been worried he might be sent to the US as early as this week if the judges had accepted the US government’s assurances regarding his trial conditions. Instead, the case is set to continue throughout the year and possibly longer.
What grounds can Assange lodge an appeal on?
In March this year, the judges ruled that Assange could appeal his extradition on three grounds unless the US provided “satisfactory” assurances. These assurances were that he would be allowed to invoke the First Amendment of the US Constitution, which protects freedom of speech; that he would not face prejudice at trial due to his nationality; and that the death penalty would not be imposed.
Monday saw the judges granted him leave to challenge his extradition on the grounds of whether his removal would be compatible with the right to freedom of expression under the European Convention on Human Rights, which is considered equivalent to the US First Amendment, and on the grounds that he might be prejudiced at his trial or punished due to his nationality.
The judges acknowledged that there was an arguable case that Assange could face discrimination, as a US prosecutor had suggested the First Amendment might not apply to foreigners in national security cases.
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View AllAssange’s team did not contest the US assurance that the death penalty would not be sought, accepting it as an “unambiguous executive promise.” However, they argued that the situation was different regarding assurances that the Australian-born publisher could seek the same First Amendment protections on free speech as a US citizen.
What has the defence said?
British barrister Edward Fitzgerald, representing Assange, highlighted several issues with the US assurances, stating they did not eliminate the possibility of a US court ruling that Assange, as a foreigner, was not entitled to First Amendment rights.
Fitzgerald noted that the assurance was not that Assange could “rely” on First Amendment rights, but merely that he could “seek to raise” them.
He also pointed to the “deafening silence” from US prosecutors, including Gordon Kromberg, an assistant US attorney in the Eastern District of Virginia, where Assange would be tried.
“Specific promises from prosecutors are pretty common,” emphasised Fitzgerald. “We will not object to bail. We will not seek the death penalty as in this case. No such specific assurance has been given here.”
Assange was not in court due to health reasons, according to his legal team. However, his wife, Stella, and his father, John Shipton, were present.
Speaking to supporters outside the high court after the hearing, Stella Assange said that US President Joe Biden was “running out of time to do the right thing” and drop the legal pursuit of her husband.
“We are relieved as a family that the courts took the right decision today but how long can this go on for? Our eldest son just turned seven,” she said.
“All their memories of their father are in the visiting hall of Belmarsh prison, and as the case goes along, it becomes clearer and clearer to everyone that Julian is in prison for doing good journalism, for exposing corruption, for exposing the violations on innocent people in abusive wars for which there is impunity.”
Kristinn Hrafnsson, the editor-in-chief of WikiLeaks, remarked that the ruling provided “finally a glimmer of hope” for Assange. He noted that it would be up to Assange’s lawyers to decide whether to press for his release on bail.
What has the prosecution said?
Attorney James Lewis, representing the US, cautioned the judges against being swayed by what he described as the “attractive and simplistic approach” taken by Assange’s legal team.
He asserted that Assange’s nationality would not affect his right to a fair hearing in the US. However, Lewis argued that the conduct for which Assange was accused was not protected under the US First Amendment.
“The position of the US prosecutor is that no one, neither US citizens nor foreign citizens, are entitled to rely on the first amendment in relation to publication of illegally obtained national defence information giving the names of innocent sources to their grave and imminent risk of harm,” he added in written submissions.
“This principle applies equally to US citizens and non-US citizens irrespective of their nationality, or place of birth, and irrespective of where the conduct took place, though it is ultimately a question of law for the US courts. The conduct in question is simply unprotected by the first amendment.”
Why is the US looking to extradite Assange?
WikiLeaks, established in 2006 by Assange, angered the US in 2010 by publishing classified US diplomatic and military documents. American prosecutors allege that Julian Assange assisted US Army intelligence analyst Chelsea Manning in obtaining these diplomatic cables and military files.
These documents detailed American relations with other countries and the wars in Afghanistan and Iraq.
The US seeks to extradite Assange to face 18 charges, 17 of which are under the Espionage Act, related to WikiLeaks’s release of these records. The US claims that the release of confidential documents endangered the lives of its agents.
Then, why is Assange still in the UK?
Assange is held in a high-security prison in south London, having been denied bail due to being considered a flight risk.
In April 2019, he was forcibly removed from the Ecuadorian embassy in London, ending a seven-year diplomatic stalemate.
Ecuador had granted him asylum over fears his human rights might be violated if extradited to Sweden to face a rape allegation. Although Swedish authorities dropped the investigation in 2019, Assange remained in the embassy due to fears of US extradition.
What can happen next?
Assange and his legal team will spend months preparing for his appeal, focusing on whether US courts will protect his right to free speech as an Australian citizen.
The recent court decision means that Assange may face a prolonged legal battle, including potential appeals to the UK Supreme Court. If these appeals fail, he could seek intervention from the European Court of Human Rights, which interprets the European Convention on Human Rights, a treaty to which the UK is a signatory.
Can Biden intervene and help Assange out?
US President Joe Biden has mentioned considering a request from Australia to drop the decade-long US effort to prosecute Assange, offering a slim hope to his supporters that the legal saga might end swiftly.
The Australian parliament passed a motion in February urging the US and UK governments to allow Assange to return to Australia.
Australia has consistently urged the US to reconsider its pursuit of Assange, pointing out what it sees as an inconsistency in the treatment of Assange compared to Chelsea Manning. Former US President Barack Obama commuted Manning’s 35-year sentence, resulting in her release in 2017
However, with the US presidential election approaching and the potential of a Trump victory, Assange’s wife, Stella, has emphasised that “time is running out for Joe Biden to do the right thing.”
Here is a timeline of key events in Julian Assange’s extensive legal battle:
2006: Assange founds WikiLeaks in Australia, beginning to publish sensitive or classified documents.
2010: WikiLeaks releases almost half a million documents on the US wars in Iraq and Afghanistan.
August 2010: Swedish prosecutors issue an arrest warrant for Assange on allegations of rape and molestation, later withdrawing the warrant due to insufficient evidence for the rape allegation.
September 2010: Sweden reopens the rape investigation, prompting Assange to move to Britain.
November 2010: Swedish police issue an international arrest warrant for Assange.
December 2010: Assange surrenders to London police and is detained pending an extradition hearing.
February 2011: A British court rules in favour of Assange’s extradition to Sweden.
June 2012: Assange seeks asylum in the Ecuadorian Embassy in London after losing appeals against extradition.
August 2012: Ecuador grants Assange political asylum.
July 2014: Assange’s bid to cancel an arrest warrant in Sweden is denied.
March 2015: Swedish prosecutors request to question Assange at the Ecuadorian Embassy.
August 2015: Some investigations into allegations against Assange are dropped due to the statute of limitations.
October 2015: UK’s Metropolitan Police end their 24-hour guard outside the Ecuadorian Embassy.
February 2016: The UN Working Group on Arbitrary Detention finds Assange’s detention unlawful.
September 2018: Ecuador and Britain work on a legal solution for Assange to leave the embassy.
October 2018: Assange seeks a court injunction for basic rights from Ecuador.
November 2018: A US court filing reveals a sealed criminal case against Assange.
April 2019: Ecuador revokes Assange’s asylum, and he is arrested by London police.
May 2019: Assange is sentenced to 50 weeks in prison for bail violation.
May 2019: The US indicts Assange on 18 charges related to WikiLeaks’ publications.
November 2019: Swedish prosecutor drops rape investigation.
May 2020: Extradition hearing delayed due to COVID-19.
June 2020: US files new indictment against Assange.
January 2021: British judge blocks Assange’s extradition to the US
July 2021: US granted permission to appeal extradition ruling.
December 2021: UK High Court rules US assurances on Assange’s treatment are sufficient.
March 2022: Supreme Court refuses Assange’s appeal against extradition.
June 2022: British government orders Assange’s extradition, which he appeals.
May 2023: Australian PM calls for Assange’s release.
June 2023: UK High Court rules Assange cannot appeal extradition.
20 February, 2024: Assange’s lawyers launch final bid to stop extradition.
26 March, 2024: UK High Court gives US three weeks to submit further assurances.
20 May, 2024: UK High Court rules Assange can appeal based on free-speech protections and non-US citizenship. Date of hearing TBD.
Also Read: Whistleblower who exposed alleged Australian war crimes in Afghanistan jailed for 6 years
With inputs from agencies
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