A British court ruled that Wikileaks founder and journalist Julian Assange cannot be extradited to face espionage charges in the U.S. unless American authorities rule out the death penalty.
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“The courts recognise that Julian Assange is exposed to a flagrant denial of his freedom of expression rights, that he is being discriminated against on the basis of his nationality and that he remains exposed to the death penalty,” said Stella Assange, Julian Assange’s Wife.
As part of a hearing process that will determine whether Assange can appeal an extradition order, Judges Victoria Sharp and Jeremy Johnson ruled that the U.S. must guarantee Assange the same First Amendment rights enjoyed by American citizens, and rule-out capital punishment.
The judges ruled that if the U.S. makes the assurances, both parties will be given a final opportunity to submit evidence before a May 20 hearing where they will decide whether Assange is eligible to appeal his extradition.
If the U.S. does not issue new assurances, Assange will be granted his right to appeal.
U.S. authorities have not yet responded to the ruling.
Assange, an Australian native, has been held in the high-security Belmarsh prison in London for the past five years as U.K. courts have deliberated on whether to allow him to be extradited to the U.S.
If he is extradited, Assange will face charges of soliciting classified information and recruiting sources under the Espionage Act.
Wikileaks has a history of publishing controversial, classified videos, many of which showed the civilian death toll involved in American foreign wars.
In 2021, one U.K. judge ruled that Assange could not be extradited because he would likely commit suicide if he was held in the ADX Florence maximum security prison in Colorado where the U.S. holds high-profile terrorists.
Assange’s plight has been the subject of significant controversy, with the U.S. government claiming that Assanges’s actions do not constitute journalism, and are not covered under the First Amendment, while many others have argued that Assange is a hero for exposing the truth, and is now suffering as a sort of martyr for freedom-of-the-press.