From the First Amendment to the European Convention on Human Rights, Assange’s defense relies on freedom of expression.
A woman holds a sign bearing Julian Assange's face being gagged with a U.S. flag above the words"FREE ASSANGE; NO U.S. EXTRADITION" during an outdoor protest in London, England, on May 20, 2024.founder and publisher Julian Assange a significant victory. Justice Jeremy Johnson and Dame Victoria Sharp granted him leave to appeal the U.K.’s extradition order on two grounds.
The panel told counsel for the U.S. in March that if they provided the court with “satisfactory assurances” that Assange wouldn’t be denied any of these rights, he could be extradited to the U.S. without an appeal hearing. This was a departure from the High Court’s 2021 knee-jerkof U.S. “assurances” that Assange would be treated humanely if extradited, with no opportunity for the defense to rebut those assurances.
At the May 20 hearing, Assange’s legal team accepted the U.S. assurance that Assange would not be subject to the death penalty. But defense attorney Edward Fitzgerald KC told the panel that the assurances on the other two issues were “blatantly inadequate” because “there is no guarantee that he will be even permitted to rely on the First Amendment.”
On May 20, the U.S. argued to the panel that the Extradition Act bars only discrimination based on “nationality,” not “citizenship.” The defense said that was a distinction without a difference:
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