Julian Assange extradition battle: US government says Wikileaks activist is well enough for trial

Julian Assange (Dominic Lipinski/PA)
PA Wire
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Wikileaks founder Julian Assange is well enough to be extradited to America to face trial for espionage, the US government has argued.

The 50-year-old activist faces a slew of charges in the US over the release in 2010 and 2011 of classified and confidential documents relating to the Iraq and Afghan wars as well as Guantanamo Bay.

But a District Judge sitting at Westminster magistrates court ruled in January that Assange should not be extradited, as he would face an “oppressive” risk of suicide if held in an American high-security prison.

Appealing that decision, James Lewis QC, for the US, argued at a hearing at the Royal Courts of Justice in central London that the judge had misjudged the evidence on Assange’s suicidal risk.

He said Assange “does not currently have a mental health condition which precludes his extradition” and is “fit to participate in legal proceedings”.

In written submissions, Mr Lewis said Assange “has not made the sort of serious attempt on his life or have the history of serious self-harm seen in other cases”, adding: “He has never previously suffered from the sort of mental health condition that deprived him of the ability to make rational choices.”

Julian Assange's father arrives outside the High Court in London on Wednesday
AP

Assange is following today’s court hearing via videolink from HMP Belmarsh, where he has been held since he was dragged from the Ecuadorian Embassy in central London in April 2019.

After overseeing the extradition hearing, District Judge Vanessa Baraitser ruled that Assange was at risk of being held at the Administrative Maximum Facility (ADX) in Florence, Colorado and subjected to harsh restrictions on his movement and interactions with others.

The court heard Assange was caught with a razor blade at Belmarsh, he is suffering from depression, and had made some preparations for suicide.

Julian Assange extradition
Julian Assange appearing via video, with Lord Chief Justice Lord Burnett (left), Lord Justice Holroyde (second left) and barrister James Lewis QC (second right, standing)
PA

Judge Baraitser said Assange “has the intellect and determination to circumvent suicide prevention measures”, concluding: “I am satisfied the procedures described by the US will not prevent Mr Assange from finding a way to commit suicide and for this reason I have decided extradition would be oppressive by reason of mental health and I order his discharge.”

Mr Lewis told appeal judges the suicide rate in US prisons is “substantially lower” than in British jails, as he argued that the District Judge had misjudged the test on suicide.

“The question is not whether the individual’s intent to commit suicide comes from a psychiatric condition but whether the individual is sufficiently ill that the individual has no ability to resist suicide”, he said.

Julian Assange extradition
Stella Morris, the partner of Julian Assange, speaks to the media as she arrives at the High Court in London, ahead of a hearing for the US government's legal challenge over a judge's decision not to extradite Wikileaks founder Julian Assange.
PA

“The District Judge ought to have taken a much more critical approach to (Assange’s) evidence and that she ought ultimately to have determined that it did not demonstrate that the threshold for discharge.”

The US government is also urging judges to dismiss the evidence of Professor Michael Kopelman on Assange’s suicidal risk, arguing he had “deliberately suppressed” his knowledge of Assange’s secret relationship. Mr Lewis said the expert knew the activist had fathered two children while living in the embassy, but did not mention the “highly relevant factor” in his reports to the court.

“In a case where a defendant has gone to extraordinary lengths to avoid extradition - not least, in this case, his being willing to live in an embassy for seven years in purportedly terrible conditions - and demonstrated himself to be a skilled operator in many arenas, it was vitally important that the expert psychiatric evidence he relied upon was reliable and truly met the requirements of independence”, he said.

Julian Assange - In pictures

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The US has given assurances to the court about Assange’s treatment if extradited, including that he would not automatically be held at the Florence prison or subjected to ‘special administrative measures’ and could serve any prison sentence in Australia.

Lawyers for Assange argue Professor Kopelman had acted properly in the face of fears for the safety of Assange’s partner, Stella Moris, citing “genuine concerns about harassment or harm”.

They added that Judge Baraitser had “expressly recorded the fact that she was not misled” by the mental health specialist, arguing there was never a prospect of Professor Kopelman giving evidence “without disclosing the full position”.

Assange’s lawyers say the assurance on US prison conditions have been provided too late in the legal process, they cannot be trusted after the CIA branded Assange a “hostile enemy’ of the USA”, and they would not be enough to protect Assange from harm.

The appeal hearing, which is due to last two days, continues.

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