Incarceration Nation

Assange Fights Extradition to United States with Two Appeals

By Kevin Gosztola

Attorneys for WikiLeaks founder Julian Assange separately appealed decisions by Home Office Secretary Priti Patel and a United Kingdom district court, which authorized his extradition to the United States.

Assange faces 18 charges, 17 of which are charges under the U.S. Espionage Act. All of the allegations against him stem from the publication of documents that WikiLeaks obtained from U.S. Army whistleblower Chelsea Manning in 2010.

He has been jailed at Her Majesty’s Prison Belmarsh since April 11, 2019, when the Ecuador government revoked his political asylum and allowed the British police to enter their London embassy and drag him to a police van.

On June 23, grounds for appeal were submitted against Patel’s Home Office. They claimed Patel erred by failing to recognize that the U.S.-UK Extradition Treaty prohibited extradition for a political offense.

Edward Fitzgerald QC (Queen’s Counsel) emphasized to the district judge that due process protections, like the Magna Carta of 1215, were enshrined in UK law for centuries. He noted the U.S. Constitution contained protections against arbitrary detention as well. Yet as the “Don’t Extradite Assange Campaign” observed, during proceedings, District Judge Vanessa Baraitser acted like she could discard the Magna Carta in favor of a lesser law, which the UK Parliament passed.

Attorneys also maintained Patel erred when she accepted that “specialty arrangements” with the U.S. government would protect Assange from the death penalty, criminal contempt proceedings, and further prosecution for “conduct outside of the extradition request.”

The legal team filed long-awaited grounds of appeal against District Judge Baraitser’s decision on June 30. They claimed the district judge erred when she determined it would not be “unjust and oppressive” to extradite him given the passage of time.

On human rights grounds, the attorneys maintained the district judge was wrong to determine extradition would not deny his right to fair trial, his right to be free from inhuman and degrading treatment, his right to freedom of expression, and his right to be free from a novel and unforeseeable extension of the law.

Further grounds of appeal included a claim that Baraitser failed to recognize that the U.S. government “misrepresented” facts in the case and the case was “pursued for ulterior political motives.”

His attorneys objected to Baraitser accepting a second superseding indictment that was sprung on Assange just weeks before the extradition hearing in September 2020. They contend she should have “excised” all allegations from this indictment to uphold “procedural fairness.”

Patel approved Assange’s extradition on June 17, and the Westminster Magistrates’ Court ordered his extradition on April 20 after the UK Supreme Court refused to hear a prior appeal.

But Assange’s legal team did not appeal that decision. They appealed an earlier decision issued by Baraitser on January 4, 2021.

Baraitser’s decision initially determined that extradition would be “oppressive” for mental health reasons and blocked extradition, however, the UK High Court of Justice overturned the decision after the U.S. government appealed.

The rest of the district judge’s decision was troubling to Assange’s attorneys, as well as press freedom and human rights groups opposed to the prosecution. It was not appropriate for the attorneys to file an appeal until after the U.S. government’s appeal was settled.

The challenge to the district judge’s refusal to recognize Assange’s right to freedom of expression is a relief to press freedom organizations. Human rights organizations like Amnesty International will appreciate the appeal related to the risk of cruel and inhuman treatment.

Assange’s legal team requested an extension for drafting their appeals, and the U.S. government did not object. The extension was granted by the UK High Court.

Only limited details related to the appeals are available. More extensive filings will be shared after August 28, when what is known as the “perfected grounds of appeal” are submitted.

The Dissenter, July 15, 2022