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WikiLeaks founder Julian Assange’s extradition hearing begins
Julian Assange was being prosecuted for “ordinary journalistic
practice”, his barrister said, as the latest legal battle to avoid
Assange’s extradition to America began.
The WikiLeaks founder was described as being too unwell to attend the
start of the two-day hearing that drew a crowd of supporters at the
Royal Courts of Justice in central London.
Assange, 52, is wanted in the US on 17 charges of espionage and one
charge of computer hacking following the publication of leaked documents
and diplomatic cables in 2010 and 2011 relating to the wars in
Afghanistan and Iraq.
He has been in Belmarsh jail in southeast London since April 2019
following his expulsion from the Ecuadorian embassy, where he lived as a
fugitive for seven years to avoid extradition to Sweden on sex assault
charges, which he denied.
Edward Fitzgerald KC, representing Assange, told the court: “He is being
prosecuted for engaging in the ordinary journalistic practice of
obtaining and publishing classified information, information that is
both true and of obvious and important public interest.” Fitzgerald said
there was a “real risk” that Assange would suffer “a flagrant denial of
justice”.
A key part of Assange’s case is the extradition treaty between the UK
and the US, which does not apply if the alleged wrongdoing is political.
“It is an abuse of process to seek extradition for a political offence,”
Fitzgerald said.
He added that since Assange’s original extradition hearing in 2021 there
had been “active US political interference with any domestic judge who
sought to investigate or prosecute those matters Mr Assange helped expose.”
Fitzgerald said there was also evidence that the US covertly infiltrated
the Ecuadorian embassy to carry out surveillance on Assange’s lawyers
and that contractors discussed plans to “kidnap Mr Assange, and ‘poison’
him”.
He said that for “reasons which were never disclosed or explained by the
US government” Donald Trump’s administration decided to initiate a
criminal prosecution, after Barack Obama’s decided not to.
James Lewis KC, representing the US government, said the appeal was an
attempt to “reargue the findings of fact” made by a district judge who
heard the extradition case.
District Judge Vanessa Baraitser blocked Assange’s extradition in 2021
after ruling it was not possible for the US authorities “to prevent
suicide where a prisoner is determined to go through with this”.
The decision was overturned by the High Court after the US authorities
gave assurances that Assange would not be held in a high-security jail
and would be allowed to serve any prison sentence in Australia. The
Supreme Court rejected his appeal.
Assange’s wife last week described the hearing as a “life or death”
decision. Stella Assange, 42, said: “His health is deteriorating,
mentally and physically. His life is at risk every single day he stays
in prison. If he is extradited he will die.”
If Assange loses the case, he could ask the European Court of Human
Rights to issue a Rule 39 injunction, which was controversially used to
halt the UK government’s plans to send asylum seekers to Rwanda.
David Brown
Tuesday February 20 2024, 12.30pm, The Times