UK judge refuses US extradition of WikiLeaks founder Assange

FILE - In this Monday Oct. 21, 2019 file photo a pedestrian passes street art depicting Julian Assange near Westminster Magistrates’ Court in London where Assange is expected to appear as he fights extradition to the United States on charges of conspiring to hack into a Pentagon computer, in London. (AP Photo/Kirsty Wigglesworth, File)FILE - In this Monday Oct. 21, 2019 file photo a pedestrian passes street art depicting Julian Assange near Westminster Magistrates’ Court in London where Assange is expected to appear as he fights extradition to the United States on charges of conspiring to hack into a Pentagon computer, in London. (AP Photo/Kirsty Wigglesworth, File)
FILE - In this Monday, Sept. 14, 2020 file photo supporters of WikiLeaks founder Julian Assange take part in a protest outside the Central Criminal Court, the Old Bailey, in London. WikiLeaks founder Julian Assange will find out Monday Jan. 4, 2021 whether he can be extradited from the U.K. to the U.S. to face espionage charges over the publication of secret American military documents. (AP Photo/Matt Dunham, File)FILE - In this Monday, Sept. 14, 2020 file photo supporters of WikiLeaks founder Julian Assange take part in a protest outside the Central Criminal Court, the Old Bailey, in London. WikiLeaks founder Julian Assange will find out Monday Jan. 4, 2021 whether he can be extradited from the U.K. to the U.S. to face espionage charges over the publication of secret American military documents. (AP Photo/Matt Dunham, File)
A Julian Assange supporter wears a face mask bearing his name outside the Old Bailey in London, Monday, Jan. 4, 2021. Judgement is to be made by Judge Vanessa Baraitser on Julian Assange’s his extradition hearing to the US. Assange has been charged under the US’s 1917 Espionage Act for “unlawfully obtaining and disclosing classified documents related to the national defence”.(AP Photo/Frank Augstein)A Julian Assange supporter wears a face mask bearing his name outside the Old Bailey in London, Monday, Jan. 4, 2021. Judgement is to be made by Judge Vanessa Baraitser on Julian Assange’s his extradition hearing to the US. Assange has been charged under the US’s 1917 Espionage Act for “unlawfully obtaining and disclosing classified documents related to the national defence”.(AP Photo/Frank Augstein)
FILE - In this May 19, 2017 file photo, WikiLeaks founder Julian Assange greets supporters outside the Ecuadorian embassy in London, where he has been in self imposed exile since 2012. Judge Vanessa Baraitser has ruled that Julian Assange cannot be extradited to the US. because of concerns about his mental health, it was reported on Monday, Jan. 4, 2021. Assange had been charged under the US’s 1917 Espionage Act for “unlawfully obtaining and disclosing classified documents related to the national defence”. (AP Photo/Frank Augstein, File)FILE - In this May 19, 2017 file photo, WikiLeaks founder Julian Assange greets supporters outside the Ecuadorian embassy in London, where he has been in self imposed exile since 2012. Judge Vanessa Baraitser has ruled that Julian Assange cannot be extradited to the US. because of concerns about his mental health, it was reported on Monday, Jan. 4, 2021. Assange had been charged under the US’s 1917 Espionage Act for “unlawfully obtaining and disclosing classified documents related to the national defence”. (AP Photo/Frank Augstein, File)

A British judge on Monday rejected the United States’ request to extradite WikiLeaks founder Julian Assange to face espionage charges over the publication of secret U.S. documents a decade ago, saying he was likely to kill himself if held under harsh U.S. prison conditions.

In a mixed ruling for Assange and his supporters, District Judge Vanessa Baraitser rejected defence arguments that the 49-year-old Australian faces a politically motivated American prosecution that rides roughshod over free-speech protections. But she said Assange’s precarious mental health would likely deteriorate further under the conditions of “near total isolation” he would face in a U.S. prison.

“I find that the mental condition of Mr. Assange is such that it would be oppressive to extradite him to the United States of America,” the judge said.

Lawyers for the U.S. government said they would appeal the decision, and the U.S. Department of Justice said it would continue to seek Assange’s extradition.

“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,” it said in a statement. “In particular, the court rejected all of Mr. Assange’s arguments regarding political motivation, political offence, fair trial and freedom of speech.”

Assange’s lawyers said they would ask for his release from a London prison where he has been held for more than a 18 months at a bail hearing on Wednesday.

Assange, who sat quietly in the dock at London’s Central Criminal Court for the ruling, wiped his brow as the decision was announced. His partner Stella Moris, with whom he has two young sons, wept.

Outside court, Moris said the ruling was “the first step towards justice,” but it was not yet time to celebrate.

“I had hoped that today would be the day that Julian would come home,” she said. “Today is not that day, but that day will come soon.”

The ruling marked a dramatic moment in Assange’s long legal battles in Britain — though likely not its final chapter.

It’s unclear whether the incoming Biden administration will pursue the prosecution, initiated under President Donald Trump.

Assange’s American lawyer, Barry Pollack, said the legal team was “enormously gratified” by the British court’s decision.

“We hope that after consideration of the U.K. court’s ruling, the United States will decide not to pursue the case further,” he said.

Moris urged Trump to pardon Assange before he leaves office this month.

“Mr. President, tear down these prison walls,” she said. “Let our little boys have their father.”

U.S. prosecutors have indicted Assange on 17 espionage charges and one charge of computer misuse over WikiLeaks’ publication of thousands of leaked military and diplomatic documents. The charges carry a maximum sentence of 175 years in prison.

Lawyers for Assange argue that he was acting as a journalist and is entitled to First Amendment protections of freedom of speech for publishing documents that exposed U.S. military wrongdoing in Iraq and Afghanistan.

Lawyers for the U.S. government denied that Assange was being prosecuted merely for publishing, saying the case “is in large part based upon his unlawful involvement” in the theft of the diplomatic cables and military files by U.S. Army intelligence analyst Chelsea Manning.

The British judge sided with U.S. lawyers on that score, saying Assange’s actions, if proven, would amount to offences “that would not be protected by his right to freedom of speech.” She also said the U.S. judicial system would give him a fair trial.

The defence also argued during a three-week hearing in the fall that Assange risked “a grossly disproportionate sentence” and detention in “draconian and inhumane conditions” if he was sent to the United States.

The judge agreed that U.S. prison conditions would be oppressive, saying there was a “real risk” he would be sent to the Administrative Maximum Facility in Florence, Colorado. It is the highest security prison in the U.S., also holding Unabomber Theodore Kaczynski and Mexican drug lord Joaquin “El Chapo” Guzman.

She accepted evidence from expert witnesses that Assange had a depressive disorder and an autism spectrum disorder.

“I am satisfied that, in these harsh conditions, Mr. Assange’s mental health would deteriorate, causing him to commit suicide with the single minded determination of his autism spectrum disorder,” the judge said.

She said Assange was “a depressed and sometimes despairing man” who had the “intellect and determination” to circumvent any suicide prevention measures taken by American prison authorities.

Britain’s extradition agreement with the U.S. says that extradition can be blocked if “by reason of the person’s mental or physical condition, it would be unjust or oppressive to extradite him.”

This is not the first time the U.K. has refused extradition to the United States on those grounds.

In 2018, a British court refused to extradite Lauri Love, a hacker accused of penetrating U.S. government networks, because of the risk he would kill himself. In 2012 then-Home Secretary Theresa May blocked the extradition of Gary McKinnon, who was accused of breaking into U.S. military and space networks, because of the risk he would end his life.

The prosecution of Assange has been condemned by journalists and human rights groups, who say it undermines free speech and imperils journalists. They welcomed the judge’s decision, even though it was not made on free-speech grounds.

“This is a huge relief to anyone who cares about the rights of journalists,” The Freedom of the Press Foundation tweeted.

Assange’s legal troubles began in 2010, when he was arrested in London at the request of Sweden, which wanted to question him about allegations of rape and sexual assault made by two women. In 2012, Assange jumped bail and sought refuge inside the Ecuadorian Embassy, where he was beyond the reach of U.K. and Swedish authorities — but also effectively was a prisoner, unable to leave the tiny diplomatic space in London’s tony Knightsbridge area.

The relationship between Assange and his hosts eventually soured, and he was evicted from the embassy in April 2019. British police immediately arrested him for breaching bail in 2012.

Sweden dropped the sex crimes investigations in November 2019 because so much time had elapsed, but Assange has remained in London’s high-security Belmarsh Prison throughout his extradition hearing.

Jill Lawless, The Associated Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Wikileaks

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Metro Creative photo)
Barriere Lions holding bottle drive to help out local Legion

The Barriere Lions Club are gearing up to collect bottles and cans… Continue reading

Mason scores a sweet goal during scrimmage practice at the Sportsplex on Saturday (Jan. 9) morning, with a little support from Eric. While engaged in the game of scrimmage, the pre-novice (under age 6) and novice (aged 7 & 8) players worked on their shots, aiming for the pylon in net. (Stephanie Hagenaars photo)
He shoots, he scores!

Mason scores a sweet goal during scrimmage practice at the Sportsplex on… Continue reading

Kamloops-Thompson-Cariboo MP Cathy McLeod is shown speaking virtually to District of Barriere mayor and council during their regular council meeting on Jan. 11.  (Jill Hayward photo)
Having confidence in Canada’s economic recovery plan is critical says McLeod

Kamloops-Thompson-Cariboo Member of Parliament Cathy McLeod, and Kamloops-North Thompson MLA Peter Milobar… Continue reading

Maj.-Gen. Dany Fortin, vice-president of logistics and operations at the Public Health Agency of Canada, speaks at a news conference on the COVID-19 pandemic in Ottawa, on Friday, Jan. 15, 2021. THE CANADIAN PRESS/Justin Tang
B.C. records 500 new COVID-19 cases Wednesday, 14 deaths

Outbreak at Surrey Pretrial jail, two more in health care

Gov. Gen. Julie Payette takes the royal salute from the Guard of Honour as she makes her way deliver the the throne speech, Wednesday, September 23, 2020 in Ottawa. THE CANADIAN PRESS/Fred Chartrand
Gov. Gen. Julie Payette resigns after searing report into workplace culture: reports

Payette, who is the Queen’s representative in Canada, has been the governor general since 2017

Grounded WestJet Boeing 737 Max aircraft are shown at the airline’s facilities in Calgary, Alta., Tuesday, May 7, 2019. WestJet will operate the first commercial Boeing 737 Max flight in Canada today since the aircraft was grounded in 2019 following two deadly crashes. THE CANADIAN PRESS/Jeff McIntosh
Passengers unfazed as WestJet returns Boeing 737 Max to service on Vancouver flight

After a lengthy review process, Transport Canada cleared the plane to return to Canadian airspace

The top part of the fossil burrow, seen from the side, with feathery lines from the disturbance of the soil – thought to be caused by the worm pulling prey into the burrow. (Paleoenvironntal Sediment Laboratory/National Taiwan University)
PHOTOS: SFU researchers find evidence of ‘giant’ predatory worms on ocean floor

Fossils found the prove the existence of an ancient Taiwanese worm as long as two metres

RCMP officers provide policing for 63 B.C. municipalities under a provincial formula based on population. (Black Press file photo)
B.C. communities warned of upcoming RCMP unionization costs

Starting salaries for city police officers are 30% higher

(Pxhere)
B.C. nurse suspended after using Tensor bandage to trap long-term care patient in room

Susan Malloch voluntarily agreed to a three-day suspension of her certificate of registration

Abbotsford’s Skully White (left), who donated his kidney in December, has started a campaign to find other recipients and donors. The first candidate is retired police officer Gavin Quon. White owns and operates a hotdog stand, Lullys Food Experience, out of the Abbotsford Canadian Tire parking lot. (Facebook photo)
After donating his kidney, Abbotsford hotdog king starts donor campaign

Skully White donated his kidney to customer Tim Hiscock in December

Toronto-based director Michelle Latimer was recently scrutinized after years of claiming she was of Algonquin and Metis descent. (CANADIAN PRESS/Chris Young)
Haida activist calls for hefty fines, jail time against those who claim to be Indigenous

Filmmaker Tamara Bell proposing the Indigenous Identity Act – to dissuade ‘Indigenous identity theft’

(File)
Man allegedly bites Vancouver cop during arrest for outstanding warrant

The officer was treated in hospital for the bite wounds

Most Read