LONDON: WikiLeaks founder Julian Assange was given permission on Monday to appeal against extradition to the United States after arguing at London’s high court that he might not be able to rely on his right to free speech in a US court.
The Australian-born Assange, 52, is wanted in the US on 18 charges, nearly all under the Espionage Act, relating to WikiLeaks’ mass release of secret US documents – the largest security breaches of their kind in US military history.
The high court had in March granted him provisional permission to appeal on grounds that he might be discriminated against as a foreign national, but invited the US to submit assurances. After Monday’s hearing, two senior judges said Assange’s argument that he might not be able to rely on the US First Amendment right to free speech deserved a full appeal, which is unlikely to be held for months.
The news prompted cheering from supporters, holding placards “Free, free Julian Assange!”. “As a family we’re relieved but how long can this go on?” said Assange’s wife Stella. “The US should read the situation and drop this case now.”
Assange himself was not present, which his lawyer said was for health reasons. The US justice department declined to comment on a pending judicial matter. Had Monday’s ruling gone against him, Assange’s team said he could have been on a plane to the US within 24 hours, ending over 13 years of legal battles in Britain.
US prosecutors had told the court Assange could “seek to rely” upon the First Amendment protections granted to US citizens, and would not be discriminated against because of his nationality. But his legal team said a US court would not be bound by this. “We say this is a blatantly inadequate assurance,” lawyer Edward Fitzgerald told the judges. The HC also concluded that Assange’s appeal should apply to all 18 counts, not only three, as lawyers for the US had argued. Fitzgerald did, however, accept a separate US assurance that Assange would not face the death penalty.
The Australian-born Assange, 52, is wanted in the US on 18 charges, nearly all under the Espionage Act, relating to WikiLeaks’ mass release of secret US documents – the largest security breaches of their kind in US military history.
The high court had in March granted him provisional permission to appeal on grounds that he might be discriminated against as a foreign national, but invited the US to submit assurances. After Monday’s hearing, two senior judges said Assange’s argument that he might not be able to rely on the US First Amendment right to free speech deserved a full appeal, which is unlikely to be held for months.
The news prompted cheering from supporters, holding placards “Free, free Julian Assange!”. “As a family we’re relieved but how long can this go on?” said Assange’s wife Stella. “The US should read the situation and drop this case now.”
Assange himself was not present, which his lawyer said was for health reasons. The US justice department declined to comment on a pending judicial matter. Had Monday’s ruling gone against him, Assange’s team said he could have been on a plane to the US within 24 hours, ending over 13 years of legal battles in Britain.
US prosecutors had told the court Assange could “seek to rely” upon the First Amendment protections granted to US citizens, and would not be discriminated against because of his nationality. But his legal team said a US court would not be bound by this. “We say this is a blatantly inadequate assurance,” lawyer Edward Fitzgerald told the judges. The HC also concluded that Assange’s appeal should apply to all 18 counts, not only three, as lawyers for the US had argued. Fitzgerald did, however, accept a separate US assurance that Assange would not face the death penalty.