Assange Awaits Extradition Ruling.
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Assange Awaits Extradition Ruling.

The US must assure that the Wikileaks founder, Julian Assange, has freedom of speech protections and will not receive the death penalty before he is extradited, Judges have ruled.


Assange could be allowed to launch a new appeal against being sent to the US without these commitments, according to the UK High Court. The Court has adjourned its final decision on Mr Assange's extradition by three weeks to give the US Government time to comply with its order.


His lawyers have argued that the case is a form of "state retaliation" and his wife has called on US President Joe Biden to "drop this shameful case". The US allege that Mr Assange endangered thousands of lives by leaking classified documents.


The latest Court Order is only the latest twist in a legal saga which began when Mr Assange's website Wikileaks published confidential US documents in 2010 and 2011.


Tuesday's court order is the latest twist in a legal saga which began when Mr Assange's website Wikileaks published confidential US documents in 2010 and 2011. He attempted to avoid extradition to the US by seeking refuge in the Ecuadorean embassy in London but was arrested in 2019 and has been held in UK prisons since.


In 2022, former Home Secretary Priti Patel ruled that Mr Assange could be extradited to the US to face trial for 18 separate offences, a decision that has been challenged numerous times by his legal team.


His lawyers submitted nine grounds to the High Court, in February, on which they believed Ms Patel's extradition order was unlawful. Six of these grounds were rejected outright, but in the written Judgement, Dame Victoria Sharp and Mr Justice Johnson said that Mr Assange had an "arguable case" on their remaining grounds for appeal.


The Judges accepted that there are currently insufficient guarantees Mr Assange will not face the death penalty in the US, which his lawyers argue should have prohibited the UK government from agreeing to send him there.


In February, his wife Stella said that he would not survive being extradited from the UK to the US, she said that his is physically and mentally very weak. He is wanted on espianage charges and faces up to 175 years in prison, but he argues that it is physically motivated. The Us said a sentence between 4 and 6 years is more likely.


His wife also raised the possibility of applying to the European Court of Human Rights to try and sescure an emergency injunction. A Rule 39 or Emergency Injunction is issued in exceptional cases where there is an imminent risk of irreparable harm but these are very rarely issued against the UK.


In their supporting evidence to the Court, Mr Assange's legal team pointed to comments made by Former US President Donald Trump which supported the death penalty for Mr Assange. However, the US have highlighted the fact that he has not actually been charged with a death penalty offence and they have given assurances that he can serve his sentence in Australia if proven guilty.


Dame Victoria said "If assurances are not given then we will grant leave to appeal without a further hearing, if assurances are given then we will give the parties an opportunity to make further submissions before we make a final decision on the application for leave to appeal."


Speaking to the crowd gathered outside the court, his wife Stella Assange described her husband as a political prisoner. She said: "the case should have just been thrown out and Julian should not have spent a single day in prison. The United States is bringing a case based on the persecution of a journalist for his political opinions."


Australia's parliament has passed a motion calling on the UK and US to release Mr Assange, though this has no legal bearing on either government.


It is difficult to see what they could, or would, do if the US did issue the death penalty to Mr Assange. The Court will have to determine the veracity of any assurances made, and perhaps agree to a prisoner swap to make any agreement.


If further assurances are given a further hearing could take place 20th May 2024.


Julian Assange Outside the Ecuadorian Embassy | PA Media


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