US authorities win their latest bid to extradite WikiLeaks founder Julian Assange
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US authorities have won their bid to overturn a British judge's ruling that WikiLeaks founder Julian Assange should not be extradited to face charges in the United States, on the basis of assurances given about his treatment there.
The 50-year-old Australian has been charged in the US under the Espionage Act for his role in publishing classified military and diplomatic cables.
Friday's ruling by two senior judges overturns the ruling of a British judge in January that granting the US request to extradite Assange would be "oppressive" by reason of his mental health.
Assange's lawyers said in a statement on Friday that they would appeal the decision based on the assurances at the UK's Supreme Court, within the requisite 14 days. They added that appeals on other issues, such as questions of free speech and the political motivation of the US extradition request, have yet to be heard by any appeal court.
In January, judge Vanessa Baraitser ruled that the "special administrative measures" in which Assange would most likely be held would have a severe negative impact on his mental health. She said Assange had "remained either severely or moderately clinically depressed," throughout his stay at London's Belmarsh prison and that he was considered a suicide risk.
According to court documents, the US won its appeal to extradite Assange due to "four assurances" sent in a Diplomatic Note dated February 5, 2021.
These assurances were that Assange would not be made the subject of "special administrative measures"; nor would he be held at a maximum security prison before or after trial. In addition, the US would "consent" to an application by Assange to be transferred to Australia to serve his sentence, if convicted; and while in custody in the US, Assange would receive "appropriate clinical and psychological treatment."
The senior judges hearing the appeal were satisfied that these assurances met the concerns which led the judge to reach her decision in January, court documents said Friday.
The judges ordered that the case should now be returned to Westminster Magistrates' Court, with a direction that a district judge send the case to the UK Home Secretary, who will decide whether Assange should be extradited to the US.
Assange will remain in custody, the judges said.
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