Julian Assange’s extradition to the United States was all but certain, but now, the High Court has ruled that he can yet again bring a new appeal to fight off the transfer to America.
According to reports, Assange was granted permission to appeal the extradition order on new grounds – how his trial would be conducted and whether it would be considered an infringement on his rights to free speech.
Assange’s lawyers have worked diligently to fight off extradition requests for years. Over 10 years ago, Assange was accused of publishing highly classified U.S. information online and putting American lives in danger. He posted information on his website, WikiLeaks, regarding soldiers in Iraq and Afghanistan.
While no proof has emerged that the disclosure of this information led to any harm, it’s still an important goal of the U.S. government to prosecute these crimes to prevent future leaks.
That said, it makes sense why Assange’s extradition request was initially approved. On Monday, however, two senior judges allowed Assange an additional chance to appeal in the UK. This opportunity will give Assange at least a few more months to fight off coming to the U.S.
The main topic that will be discussed is whether or not the U.S. courts will protect his right to free speech as an Australian citizen. In the past, Assange attempted to argue that his case was politically motivated and being prosecuted out of retaliation, but this argument didn’t hold up. The argument that U.S. courtrooms may not be impartial, however, was an argument that the senior judges were willing to consider.
If it were not for this recent development, Assange was assuredly coming to the US, as he’s already exhausted all other legal avenues in the UK. In a surprising development, President Joe Biden expressed that he was considering dropping Assange’s prosecution last month.
International Crime and Extradition: What You Need to Know
In general, extradition is the process of one country identifying, apprehending, and transporting a suspected criminal back to the location where they committed the crime to face trial. Most countries have extradition treaties with each other, where both countries agree to help fight crime together.
Typically, an extradition request will only be approved by another country when the alleged crime is a crime in both countries, the crime is pretty serious, the person can expect a fair trial in the receiving country, and the penalty will likely be proportionate to the crime.
Countries are never obligated to extradite an individual to another country, though, because international law dictates that every country has sovereign authority over the people within their borders. If the UK determines that the courts in the US might not offer a free and fair trial, then it is reasonable to assume they’ll reject the extradition request. This type of decision would be monumental.
Have you been accused of committing an international crime? Extradition requests are complex, so it’s important to hire the right legal representative to help you navigate your situation. Call us now or leave your contact information on our online form to schedule a meeting with our team of international attorneys.