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posted by janrinok on Monday January 04 2021, @01:17PM   Printer-friendly

A UK judge has just announced that Assange cannot be extradited to the USA because his treatment by the US would cause him to be a suicide risk. However, he is not released as the prosecution and the USA may decide to appeal. He remains in Belmarsh prison but the courts still have to decide whether he should be released.

The political arguments were all dismissed by the Judge but her decision is based solely on the treatment he will receive in the USA.


The UK Westminster Magistrates' Court decision is now public, Wikileaks journalist Julian Assange will not be extradited from the UK to the US...

407. The defence complains that the late service of the second superseding indictment has resulted in unfairness in the preparation of its case. Mindful of any potential unfairness flowing from the late service of this amended indictment, on Friday 14 August 2020, I invited the defence to consider applying to adjourn the evidential hearing which was due to commence on 7 September 2020. I gave them the opportunity to consider this invitation over the course of a week but, on 21 August 2020, the defence confirmed that itwould not be seeking to adjourn proceedings. No further applications were made between that date and 7 September 2020.

408. In my judgment the appropriate remedy for any unfairness arising from the late indictment would have been to allow the defence sufficient time prepare its case and advance any relevant arguments. That time was offered in August 2020 and declined.

409. I reject the defence submissions concerning staying extradition as an abuse of the process of this court.

... unless the decision is appealed by either the outgoing US administration or the incoming one.

Original Submission

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  • (Score: 5, Informative) by pTamok on Monday January 04 2021, @03:44PM

    by pTamok (3042) on Monday January 04 2021, @03:44PM (#1094503)

    The USA can appeal the decision to a higher court (The High Court of England and Wales), so Julian Assange is nowhere near being out of the woods yet.

    Note that the judgment says there is no legal impediment to his extradition: it is purely for health reasons, which, if addressed to the satisfaction of the relevant authorities, would mean there is no legal reason for him not to be on his way to the USA. So, I would not be surprised if the USA appeals the judgment (i.e. they claim, successfully, that they can make sure he does not commit suicide. Unlike Jeffrey Epstein.), and the lawyers acting for Assange appeal the judgment, but for different reasons. And it may well be that the beneficent and humanitarian Home Secretary, Priti Patel, could find a reason to (ignore the court's decision and) simply expel him. Which might be unlawful, but once he's outside of the UK's jurisdiction, it would be a 'bit difficult' to undo the decision.

    More details at The Register: []

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