Julian Assange wins High Court bid to bring appeal against extradition to US
Julian Assange will be allowed to appeal against his extradition to the United States.
Two judges responded today to US assurances that Mr Assange will not face the death penalty – and can rely on the First Amendment right to free speech if he faced a trial for spying.
The WikiLeaks founder faces prosecution in the US over an alleged conspiracy to obtain and disclose national defence information after the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars.
WikiLeaks founder Julian Assange on the balcony of the Ecuadorian Embassy in London in 2017. Pic: Reuters
WikiLeaks founder Julian Assange in a police van after being arrested in London in 2019. Pic: Reuters
Edward Fitzgerald KC, representing Assange, criticised the assurances of Joe Biden’s US administration at the hearing. He said: “Based on the principle of the separation of powers, the US court can and will apply US law, whatever the executive may say or do.”
He added most of the promises were “blatantly inadequate” – but they had accepted the promise about the death penalty.
In written submissions, the barrister said while the assurance over the death penalty was “an unambiguous executive promise”, the other assurance does not give “any reliable promise as to future action”.
The barrister added: “What needs to be conclusively removed is the risk that he will be prevented from relying on the first amendment on grounds of nationality.”
But James Lewis KC, representing the US government, insisted the “judicial branch of the United States will take due notice of this solemn assurance given by its government in the course of international relations”.
In written submissions, he said there is “no question” that Assange, if extradited, “will be entitled to the full panoply of due process trial rights, including the right to raise, and seek to rely upon, the first amendment as a defence”.
He later told the court: “The assurance does make it clear that he will not be discriminated against because of his nationality.
“He can and will be able to raise all those arguments and his nationality will not prejudice a fair trial.”
Today’s decision is the latest chapter in 13 years of legal battles and detentions for Australian-born Mr Assange.
Supporters of Mr Assange have been gathering outside the High Court. Pic: Reuters
Pic: Reuters
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The US authorities want to put Mr Assange on trial over 18 charges, nearly all under the Espionage Act.
They claim his actions with WikiLeaks were reckless, damaged national security, and endangered the lives of agents.
During a two-day hearing in February, lawyers for Mr Assange asked for permission to challenge a judge’s dismissal of the majority of his case to prevent his extradition.
In March, Dame Victoria Sharp and Mr Justice Johnson dismissed most of Mr Assange’s legal arguments – but said unless assurances were given by the US, he would be able to bring an appeal on three grounds.
These assurances are that Assange would be protected by and allowed to rely on the First Amendment – which protects freedom of speech in the US – that he is not “prejudiced at trial” due to his nationality, and that the death penalty is not imposed.
Pic: Reuters
Pic: Reuters
Supporters of Mr Assange have already been gathering outside the High Court to continue their calls for his release.
Mr Assange is currently being held in London’s high security Belmarsh prison.
Conservative Party leader Kemi Badenoch has called on Sir Keir Starmer to sack Treasury minister Tulip Siddiq over allegations she lived in properties linked to allies of her aunt, Sheikh Hasina, the deposed prime minister of Bangladesh.
It comes after the current Bangladeshi leader, Muhammad Yunus, said London properties used by Ms Siddiq should be investigated.
He told the Sunday Times the properties should be handed back to his government if they were acquired through “plain robbery”.
Tory leader Ms Badenoch said: “It’s time for Keir Starmer to sack Tulip Siddiq.
“He appointed his personal friend as anti-corruption minister and she is accused herself of corruption.
“Now the government of Bangladesh is raising serious concerns about her links to the regime of Sheikh Hasina.”
Ms Siddiq insists she has “done nothing wrong”.
Her aunt was ousted from office in August following an uprising against her 20-year leadership and fled to India.
Ms Siddiq is also named with her aunt in Bangladesh court documents about meetings with the Russian government.
Tory leader Kemi Badenoch has called on Sir Keir to sack the minister
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As economic secretary to the Treasury, Ms Siddiq is responsible for policy on both the City and tackling corruption.
She referred herself to the prime minister’s ethics watchdog on Monday following the reports about the properties.
On the same day, the prime minister said: “Tulip Siddiq has acted entirely properly by referring herself to the independent adviser, as she’s now done, and that’s why we brought into being the new code.
“It’s to allow ministers to ask the adviser to establish the facts, and yes, I’ve got confidence in her, and that’s the process that will now be happening.”
Police in Aberdeen have widened the search area for two sisters who disappeared four days ago in the city.
Eliza and Henrietta Huszti, both 32, were last seen on CCTV on Market Street after leaving their home on Tuesday at around 2.12am.
The sisters – who are part of a set of triplets and originally from Hungary – crossed the Victoria Bridge to the Torry area and turned right on to a footpath next to the River Dee.
Eliza and Henrietta Huszti were last seen on CCTV in Market Street. Pic: Police Scotland/PA
They headed in the direction of Aberdeen Boat Club but officers said there is no evidence to suggest the missing women left the immediate area.
Specialist search teams, police dogs and a marine unit have been trying to trace the pair.
The sisters crossed Victoria Bridge before walking along a footpath next to the River Dee
The pair were heading in the direction of Aberdeen Boat Club on the south side of the River Dee
Further searches are being carried out towards the Port of Aberdeen’s South Harbour and Duthie Park.
Police Scotland said it is liaising with authorities in Hungary to support the relatives of the two sisters.
Chief Inspector Darren Bruce said: “Eliza and Henrietta’s family are understandably extremely worried about them and we are working tirelessly to find them.
“We are seriously concerned about them and have significant resources dedicated to the inquiry.”
The sisters, from Aberdeen city centre, are described as slim with long brown hair.
Henrietta Huszti. Pic: Police Scotland
Eliza Huszti. Pic: Police Scotland
Officers have requested businesses in and around the South Esplanade and Menzies Road area to review their CCTV footage for the early morning of Tuesday 7 January.
Police added they are keen to hear from anyone with dashcam footage from that time.
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