Home Politics Australian Politics High Court Grants Assange Permission to Appeal Extradition

High Court Grants Assange Permission to Appeal Extradition

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Julian Assange's father, John Shipton © Mark Anning photo 2021

London, May 20, 2024 – In a landmark decision, the UK High Court has granted Julian Assange permission to appeal his extradition order to the United States. This ruling offers Assange a critical opportunity to argue that his right to freedom of expression, protected under the First Amendment, would not be adequately safeguarded if extradited.

The court has given both parties until May 24 to outline their arguments for the appeal hearing. Story continues below this advertisement:

Positive News for Press Freedom Advocates

The High Court’s decision has been hailed as a significant victory for press freedom advocates worldwide. Simon Crowther, Legal Adviser at Amnesty International, expressed his relief and optimism.

“The High Court’s decision is a rare piece of positive news for Julian Assange and all defenders of press freedom,” he said. Amnesty International has long argued that extraditing Assange to the US poses a severe risk of human rights violations, including prolonged solitary confinement, which would contravene the prohibition on torture or other ill-treatment.

Crowther further criticized the US prosecution, stating, “The USA’s ongoing attempt to prosecute Assange puts media freedom at risk worldwide. It ridicules the USA’s obligations under international law and their stated commitment to freedom of expression. By trying to imprison him, the US is sending a clear message to journalists and publishers everywhere: they too could be targeted for receiving and publishing classified material, even if it is in the public interest.”

Call for US Intervention

The Media, Entertainment & Arts Alliance (MEAA), Australia’s journalists’ union, echoed Amnesty’s sentiments and called for decisive action from US President Joe Biden. MEAA Media Federal President Karen Percy welcomed the High Court’s decision but stressed the need for urgent intervention.

“Tonight’s decision by the High Court is a small win for Julian Assange and for the cause of media freedom worldwide,” Percy remarked.

She highlighted the precariousness of Assange’s situation, noting that the appeal might not be heard until late this year or even next year.

“The only clear path to freedom is for the US to drop the charges, end its prosecution, and allow him to be released from jail,” Percy added. She urged President Biden to act swiftly, emphasizing that his administration had previously stated it was considering Assange’s case. “It is now time to resolve it.”

“Reporting on a crime should not be a crime. Assange’s case is a political one – he continues to be punished for embarrassing the United States by drawing attention to possible war crimes by its military forces. Australia, in contrast, has acknowledged war crimes perpetrated by its soldiers,” said Dr Emma Shortis, Senior Researcher at the Australia Institute.

“The fact that the US is continuing with this case despite direct appeals from the Australian Government should be understood as an appalling show of disrespect for a critical security ally,” she said.

“This is especially true as it is happening in the shadow of the AUKUS pact – a deal in which Australia will hand over $368 billion and likely a significant portion of our sovereignty,” said Dr Emma Shortis.

UN Expert Weighs In

Adding to the chorus of voices advocating for Assange, Irene Khan, the UN Special Rapporteur on freedom of expression, expressed grave concerns about the implications of Assange’s potential extradition and prosecution.

“Gathering, reporting, and disseminating information, including national security information when it is in the public interest, is a legitimate exercise of journalism and should not be treated as a crime,” Khan stated.

Khan highlighted the risks associated with using the Espionage Act in Assange’s case, noting, “I am concerned about the use of the Espionage Act in this case, as this statute provides no protection for the publication of information in the public interest.” She underscored the unprecedented nature of the situation, pointing out that Assange would be the first publisher to be prosecuted under the Espionage Act in the US.

“It would set a dangerous precedent that could have a chilling effect on investigative journalism in the United States and possibly elsewhere in the world,” Khan warned.

The Broader Implications for Media Freedom

The implications of Assange’s case extend far beyond his personal fate, touching on fundamental issues of press freedom and the protection of journalistic work. The stories published by WikiLeaks over a decade ago exposed significant wrongdoing, including war crimes in Iraq.

According to MEAA, the ongoing prosecution not only criminalizes journalism but also sends a chilling message to future whistleblowers and publishers.

“If the US government can extradite a citizen of another country, from anywhere in the world, for publishing factual information, it sets a dangerous precedent that will have a profoundly chilling effect on investigative journalism,” Percy warned. She urged the Australian government to continue pressing the US to drop the charges, allowing Assange to reunite with his family.

A Continuing Saga

Julian Assange’s legal battle has been a long and arduous journey, marked by numerous twists and turns. He has already spent five years in a UK prison, much of which has been deemed arbitrary by human rights organizations.

The latest decision by the High Court to allow an appeal offers a glimmer of hope, but significant challenges remain.

The High Court’s decision follows fresh diplomatic assurances from the US authorities after a hearing in February. Despite these assurances, concerns about Assange’s treatment in the US persist. Amnesty International and MEAA both stress that the risk of serious human rights violations and the broader threat to global media freedom cannot be ignored.

Global Debate on Press Freedom

As the legal proceedings continue, the world watches closely. The outcome of Assange’s appeal could set a critical precedent for press freedom and the treatment of journalists worldwide.

The High Court’s decision to allow the appeal is a step forward, but the journey to securing Assange’s freedom and ensuring the protection of journalistic work is far from over.

Advocates like Simon Crowther, Karen Percy, and Irene Khan remain vigilant, calling for an end to the prosecution and a commitment to upholding the principles of free speech and media freedom. As May 24 approaches, when both parties will submit their proposed outlines for the appeal hearing, the global community awaits the next chapter in this high-stakes legal drama.

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Our editor used ChatGPT in writing this story.