Julian Paul Assange v Government of the United States of America & Anor

Julian Paul Assange v Government of the United States of America & Anor

Leave to appeal is granted on grounds that extradition may be incompatible with Article 10 (freedom of expression) and may prejudice the applicant at trial by reason of nationality, and may lack adequate specialty/death penalty protection, subject to assurances from the respondents. The Treaty is not incorporated and does not bar extradition; other grounds are not arguable.

Parties
Applicant: Julian Paul Assange; First Respondent: Government of the United States of America; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
18 November 2024
Procedural Posture
Extradition Appeal / Renewed Application for Leave to Appeal
Outcome
Leave to appeal granted on specified grounds, subject to assurances; leave refused on other grounds; application to adduce fresh evidence refused.
Legal Topics
Extradition, Political Offence Exception, Freedom of Expression, Fair Trial Rights, Specialty Principle, Death Penalty, Nationality Discrimination, Dual Criminality, Abuse of Process
Criminal Law International Law Human Rights Law Extradition Law Extradition Political Offence Exception Freedom of Expression Fair Trial Rights +5 more

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Parties

Julian Paul Assange

Applicant

Government of the United States of America

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Extradition Appeal / Renewed Application for Leave to Appeal

Legal Issues

  1. 1 Whether extradition is barred by political offence exception under UK-US Treaty
  2. 2 Whether extradition is for prosecution on account of political opinions
  3. 3 Compatibility of extradition with Article 7, 10, 6, 2, and 3 of the European Convention on Human Rights

Ratio Decidendi

Leave to appeal is granted on grounds that extradition may be incompatible with Article 10 (freedom of expression) and may prejudice the applicant at trial by reason of nationality, and may lack adequate specialty/death penalty protection, subject to assurances from the respondents. The Treaty is not incorporated and does not bar extradition; other grounds are not arguable.

Court Disposition

Leave to appeal granted on specified grounds, subject to assurances; leave refused on other grounds; application to adduce fresh evidence refused.

Orders

  • Adjourned for 55 days to allow respondents to provide assurances by 16 April 2024.
  • If no assurances are filed, leave to appeal is granted on grounds iv), v), and ix).