Read The Times Australia

Daily Bulletin

Assange wins legal lifeline against extradition to the US – but there’s a sting in the tail

  • Written by: Holly Cullen, Adjunct professor, The University of Western Australia

The High Court in London has granted Julian Assange leave to appeal the UK Home Secretary’s order that he be extradited to the United States on charges of computer misuse, and multiple charges under its Espionage Act.

However, the favourable judgement has a sting in its tail – the US can stop the appeal if it submits adequate assurances on the treatment of Assange, including guaranteeing freedom of expression.

The two-judge panel rejected some of the grounds argued by Assange’s legal team and accepted others. They have allowed the US government and the home secretary until April 16 to provide any assurances in relation to the accepted grounds of appeal. Without assurances, leave to appeal will be granted. If assurances are filed with the court, the court will hold another hearing on May 20.

The court rejected the following grounds of appeal:

  • that extradition would be incompatible with the US–UK extradition treaty (this essentially addresses the claim that charges are for political offences)

  • that extradition is barred because it involves prosecution for a political opinion

  • that extradition is incompatible with Article 6 (right to a fair trial) or Article 7 (ban on retroactive criminal law) of the European Convention on Human Rights (ECHR)

  • that extradition is incompatible with Article 2 (right to life) or Article 3 (prohibition on torture or inhuman or degrading treatment) of the ECHR.

The grounds provisionally accepted by the court are:

  • that extradition is incompatible with Article 10 (freedom of expression) of the ECHR

  • that the UK Extradition Act prohibits extradition in cases where the accused might be prejudiced on grounds of nationality

  • that there is inadequate protection of the principle of speciality (that a person can only be charged with offences listed in the extradition request) and against the death penalty.

The grounds of appeal are in some ways surprising, given the District Court judgement of 2021 decided that extradition should not be allowed on the basis that it would be oppressive.

In the leave to appeal hearing, it seems the court was persuaded by arguments that Assange is being charged for actions that are normal journalistic activities. The European Court of Human Rights has never found that extradition would violate freedom of expression, so this case could be a major development in the law under the ECHR.

The issue of prejudice on the grounds of nationality appears to relate to claims that Assange, as a non-national of the US, would not be able to rely on First Amendment protections of freedom of expression.

The court has asked for new assurances because the grounds of appeal are outside the assurances the US government gave in 2021, which responded to the District Court judgement.

Assange will not be extradited to the US immediately, but his battle is not yet won.

Today’s judgement opens the door to a full appeal. Dates for hearing will be set, but the appeal will probably be heard later this year. If the appeal succeeds, the extradition process would be over. At that point, Assange would be released from Belmarsh prison and probably deported to Australia.

If the appeal fails, he could seek leave to appeal to the UK Supreme Court. If leave is denied or a further appeal fails, he would at that stage have exhausted all possible remedies in the UK.

US Marshals will likely seek to remove Assange to the United States as soon as possible after he exhausts his UK recourses. To prevent that, his legal team will make an application to the European Court of Human Rights. Assange’s lawyers applied to the European Court of Human Rights in 2022, but the application was declared inadmissible without published reasons on December 13 2022, probably because he had not yet exhausted potential remedies in the UK.

Read more: After years of avoiding extradition, Julian Assange’s appeal is likely his last chance. Here's how it might unfold (and how we got here)

Once Assange has exhausted his last possible recourse before the British courts, an application to the European Court of Human Rights would probably be declared admissible. The application will be accompanied by a request for urgent interim measures to obtain an order prohibiting the UK from extraditing Assange until the European Court has decided on his case.

Interim measures are usually only granted in cases involving the right to life or the prohibition on torture or inhuman or degrading treatment. The District Court judgement in 2021 found he should not be extradited because it would be oppressive. The facts underlying that finding, that the likely prison conditions in the US increased the risk that Assange could attempt suicide, could support a claim under the European Convention on Human Rights that extradition would violate his right to be free from inhuman or degrading treatment or punishment.

The United Nations Special Rapporteur on Torture, Alice Edwards, said before the February hearing that the conditions Assange would face could amount to torture or other forms of ill-treatment or punishment.

Read more: Politics with Michelle Grattan: Greg Barns on the battle to free Julian Assange

Last week, reports surfaced that the US government would consider offering Assange a plea bargain that would see him released from prison based on the time he has already served in Belmarsh.

Assange’s American lawyers stated at that time that they had not been contacted by the US government, and no one associated with Assange has made further comment.

With the prospect of legal proceedings continuing for months or years to come, a plea bargain may begin to look like a reasonable outcome for everyone concerned.

Authors: Holly Cullen, Adjunct professor, The University of Western Australia

Read more https://theconversation.com/assange-wins-legal-lifeline-against-extradition-to-the-us-but-theres-a-sting-in-the-tail-226614

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...