Ruling in Assange v Government of the United States of America and another [2024] EWHC 700 (Admin), Dame Victoria Sharp and Mr Justice Johnson gave Assange permission to appeal on three of the nine grounds set out, and adjourned the hearing until 20 May.
However, the appeal will only go ahead in the event the US cannot provide satisfactory assurances on each of the three grounds. The US has until 16 April to file those assurances with the court.
The three grounds are: that extradition is incompatible with the right to freedom of expression; that Assange might be prejudiced on account of his Australian nationality; and that he could face the death penalty.
Assange’s lawyers had pointed to a statement by Mike Pompeo, director of the CIA at the time of the extradition request, and other prosecutors that foreign nationals are not entitled to protection under the First Amendment. Dame Victoria said Pompeo’s statement ‘does not constitute expert evidence on a matter of foreign law’ and was therefore immaterial. However, she said it was arguable Assange could be treated differently at trial on grounds of nationality.
Dame Victoria said: ‘The concerns that arise under these grounds may be capable of being addressed by assurances (that the applicant is permitted to rely on the First Amendment, that the applicant is not prejudiced at trial (including sentence) by reason of his nationality, that he is afforded the same First Amendment protections as a United States citizen, and that the death penalty is not imposed).’
WikiLeaks, founded in 2006, published classified military and intelligence documents relating to the conflicts in Iraq and Afghanistan. Assange, currently in HMP Belmarsh, was unable to attend due to a persistent cough. His application to adduce fresh evidence was refused.
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