LONDON – WikiLeaks’ founder Julian Assange’s battle to avoid extradition to the United States received a huge boost on May 20 when London’s High Court ruled that American assurances over his case were unsatisfactory and he would get a full appeal hearing.

In March, the High Court provisionally gave Assange, 52, permission to appeal on three grounds. But it gave the US the opportunity to provide satisfactory assurances that it would not seek the death penalty and would allow him to seek to rely on a First Amendment right to free speech in a trial.

In a short ruling, two senior judges said the US submissions were not sufficient, and ruled that they would allow the appeal to go ahead.

Assange’s lawyers had told London’s High Court that he should not be extradited to the US over the mass leak of secret US documents as he may not be able to rely on his right to free speech.

Hundreds of protesters gathered outside the court ahead of what could be the culmination of 13 years of legal battles, with two judges due to declare whether they are satisfied by US assurances that Assange, 52, can rely on the First Amendment right if he is tried for spying in the US.

Assange’s lawyer Edward Fitzgerald had said the judges should not accept the assurance given by US prosecutors that Assange could seek to rely upon the rights and protections given under the First Amendment, as a US court would not be bound by this.

“We say this is a blatantly inadequate assurance,” he told the court.

Mr Fitzgerald accepted a separate assurance that Assange would not face the death penalty, saying the US has provided an “unambiguous promise not to charge any capital offence”.

The United States said its First Amendment assurances were sufficient.

Mr James Lewis, representing the US authorities, said in court documents that the assurance “cannot bind the courts”, but that the US courts would “take solemn notice and give effect so far as they are able to a promise given by the executive”.

Protesters appeal to Biden

Protesters gathered outside the court early on May 20, tying yellow ribbons to the iron railings, holding placards and chanting “Free, free Julian Assange”. In a plea to US President Joe Biden, flags read “#Let him go Joe”.

One protester, Ms Emilia Butlin, 54, told Reuters she wanted to show solidarity.

“He, with his work, has offered tremendous service to the public, informing them about what governments are doing in their name,” she said.

Assange’s wife, Stella, appeared in court with his brother and father, but Assange stayed away for health reasons, Mr Fitzgerald said.

WikiLeaks released hundreds of thousands of classified US military documents on Washington’s wars in Afghanistan and Iraq – the largest security breaches of their kind in US military history – along with swathes of diplomatic cables.

In April 2010, it published a classified video showing a 2007 US helicopter attack that killed a dozen people in the Iraqi capital, Baghdad, including two Reuters news staff.

The US authorities want to put the Australian-born Assange on trial over 18 charges, nearly all under the Espionage Act, saying his actions with WikiLeaks were reckless, damaged national security, and endangered the lives of agents.

His many global supporters call the prosecution a travesty, an assault on journalism and free speech, and revenge for causing embarrassment. Calls for the case to be dropped have ranged from human rights groups and some media bodies, to Australian Prime Minister Anthony Albanese and other political leaders.

Detained since 2010

Assange was first arrested in Britain in 2010 on a Swedish warrant over sex crime allegations that were later dropped. Since then, he has been variously under house arrest, holed up in Ecuador’s Embassy in London for seven years, and held since 2019 in Belmarsh top security jail, latterly while he waited a ruling on his extradition.

“Every day since Dec 7, 2010, he has been in one form of detention or another,” said Mrs Assange, who was originally part of his legal team and married him in Belmarsh in 2022.  

If the High Court rules the extradition can go ahead, Assange’s legal avenues in Britain are exhausted, and his lawyers will immediately turn to the European Court of Human Rights to seek an emergency injunction blocking deportation pending a full hearing by that court into his case at a later date.

On the other hand, if the judges reject the US submissions, then he will have permission to appeal his extradition case on three grounds, and that might not be heard until 2025.

It is also possible the judges could decide that the May 20 hearing should consider not just whether he can appeal, but also the substance of that appeal. If they find in his favour in those circumstances, he could be released.

Mrs Assange said whatever the outcome, she would continue to fight for his liberty. If he is freed, she plans to follow him to Australia or wherever he was safe. If he is extradited, she said all the psychiatric evidence presented at court had concluded he was at very serious risk of suicide.

“We live from day to day, from week to week, from decision to decision. This is the way that we’ve been living for years and years,” she told Reuters.

“This is just not a way to live – it’s so cruel. And I can’t prepare for his extradition – how could I? But if he’s extradited, then I’ll do whatever I can, and our family is going to fight for him until he’s free.” REUTERS