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As it happenedended1609776627

Julian Assange news - live: WikiLeaks founder will not face ‘oppressive’ extradition to US, UK court rules

The 49-year-old cannot be extradited due to his mental health and suicide risk, District Judge Vanessa Baraitser ruled

Lizzie Dearden,Chantal da Silva
Monday 04 January 2021 16:10 GMT
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Julian Assange supporters celebrate outside court

WikiLeaks founder Julian Assange cannot be lawfully extradited to the US to face charges over WikiLeaks due to his mental health and suicide risk, a UK judge has ruled.

District Judge Vanessa Baraitser said that the isolated conditions Assange would likely to face in the US meant that extradition would be “oppressive”.

Assange, 49, would face a total of 17 charges of espionage and computer hacking in the US after he enflamed Washington by publishing documents revealing the grim realities of the so-called “war on terror”. 

If extradited, the WikiLeaks founder could have been sentenced to as many as 175 years in a high security jail.

British district judge Vanessa Baraitser delivered her ruling at London’s Central Criminal Court, known as the Old Bailey.

She said Assange would be kept in custody, ahead of an appeal from the US.

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Assange’s actions would ‘not be protected by free speech’ if they took place in England and Wales, judge says

The judge says Assange's actions would "not be protected by free speech" if they took place this jurisdiction.

She says it did not give him "the right to sacrifice the safety of individuals knowing nothing of the circumstances or the dangers they face, in the name of free speech".

Chantal Da Silva4 January 2021 10:32
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Assange’s actions would have been offences under Official Secrets Act in Britain, judge says

The judge is detailing harm to over "100 people placed at risk from the disclosures" as identified informants, some of whom had to flee their homes with their families for safety.

She said Assange’s actions would have been offences under the Official Secrets Act in Britain.

Lizzie Dearden4 January 2021 10:37
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Judge shuts down claim decision to prosecute was influenced by Assange’s political opinions

Addressing defence claims that the decision to prosecute Assange was influenced by his political opinions, the judge says there is insufficient evidence.

She says there is "insufficient evidence that prosecutors were pressurised by the Trump administration. In fact there were reports of healthy internal debate".

The judge says there is "little or no evidence to support hostility by President Trump towards Mr Trump and WikiLeaks". 

She highlighted how Trump praised WikiLeaks repeatedly during his 2016 election campaign.

Lizzie Dearden4 January 2021 10:41
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Extraditing Assange neither ‘unjust’ nor ‘oppressive’, judge says

The judge finds it is not "unjust or oppressive to extradite Mr Assange because of the passage of time", despite him being fugitive from British justice since June 2012 and US justice since December 2017.

She said the nature of the material created "difficult problems for investigators".

Lizzie Dearden4 January 2021 10:43
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Impact of extradition on Assange’s family would be ‘nothing out of the ordinary’, judge says

The judge says the delay in Assange’s case did not obstruct him from having a proper defence, and that the "inevitable impact extradition would have on his partner on children is sadly nothing out of the ordinary" in such proceedings.

She is dismissing more defence arguments.

Chantal Da Silva4 January 2021 10:45
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Defence argument that US jury pool would be comprised of government workers ‘untenable’

The judge calls the defence argument that a US jury pool would be comprised almost entirely of government employees or contractors "untenable".

"The suggestion that 12 impartial individuals could not be empanelled is impossible to sustain", she adds.

Lizzie Dearden4 January 2021 10:47
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‘No foundation’ for suggestion Chelsea Manning’s evidence was given as a result of torture, judge says

The judge says there is "no foundation" for the defence’s suggestions that Chelsea Manning's evidence was given as a result of her being subjected to torture, or that she will refuse to testify for defence.

She says challenges under the US constitution and process could be made in the US.

Lizzie Dearden4 January 2021 10:49
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‘No foundation’ for suggestion Chelsea Manning’s evidence was given as a result of torture, judge says

The judge says there is "no foundation" for the defence’s suggestions that Chelsea Manning's evidence was given as a result of her being subjected to torture, or that she will refuse to testify for defence.

She says challenges under the US constitution and process could be made in the US.

Lizzie Dearden4 January 2021 10:49
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Veteran reporter John Pilger’s warning on extradition ruling

Veteran reporter John Pilger has said that he believes if Julian Assange is extradited to the US,  “no journalist who challenges power will be safe”.

The 81-year-old filmmaker and author of several books on investigative journalism, previously made the comments before a hearing at the Old Bailey on Assange’s case.

Read more on his comments here: 

Veteran reporter John Pilger says if Julian Assange extradited to US ‘no journalist who challenges power will be safe’

British justice itself on trial, celebrated writer and filmmaker tells The Independent

Chantal Da Silva4 January 2021 10:50
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Judge considers argument on Assange’s health

The judge is considering arguments around s91 Extradition Act 2003, which bars extradition if it is unjust or oppressive by reason of a person’s health.

She says he has "recurrent depressive disorder which was severe in December 2019 and is sometimes accompanied by psychotic features".

The judge says she accepts a psychologist's opinion that "Mr Assange suffers from autism spectrum disorder, albeit high-functioning, and Asperger’s syndrome".

She says he remained depressed throughout detention at HMP Belmarsh, and is on a plan for prisoners at risk of suicide or self-harm.

Medical notes record numerous occasions of Assange telling a prison psychologist and other medical staff that he has suicidal or self-harming thoughts, felt despairing or hopeless and had plans to end his life, the judge says.

In 2019 a razorblade was found in his cell.

Lizzie Dearden4 January 2021 10:56

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