Julian Assange is too unwell to attend the appeal hearing against his extradition to the US, High Court judges have today heard.
The WikiLeaks founder is wanted in America over an alleged conspiracy to obtain and disclose national defence information following the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars.
Assange, is facing up to 175 years in jail for espionage – meaning if he is extradited and convicted in the States, he would likely die behind bars.
Dozens of protesters have gathered outside London’s Royal Courts of Justice for the opening debate of his two-day legal battle – with Mr Assange’s wife, Stella, thanking crowds during an impassioned speech.
At the start of the hearing, two judges were told Assange was too unwell to attend court, with the Wikileak’s barrister telling the court the 52-year-old was being prosecuted for an ‘ordinary journalistic practice’.
Assange’s wife Stella, joins supporters of WikiLeaks founder Julian Assange outside the Royal Courts of Justice
The Wikileaks founder is appearing in court for a two-day hearing which will determine whether he will be extradited to the US
Hundreds of people gathered outside the court to show their support to the Wikileaks founder
WikiLeaks founder Julian Assange gestures from the window of a prison van as he is driven out of Southwark Crown Court in London on May 1, 2019
Edward Fitzgerald KC, for Assange, said: ‘He is being prosecuted for engaging in ordinary journalistic practice of obtaining and publishing classified information, information that is both true and of obvious and important public interest.’
The comment comes just days after Assange’s wife warned her husband ‘will die’ if he loses his appeal and is extradited to America.
‘The situation is extremely grave. He could be on a plane within days,’ Stella said, adding, ‘His health is in decline, mentally and physically. His life is at risk every single day he stays in prison, and if he’s extradited, he will die.’
Barrister Mr Fitzgerald described the case as a ‘legally unprecedented prosecution’ and said that the 52-year-old faced a ‘real risk he will suffer a flagrant denial of justice’ if he was extradited.
In written submissions, Mr Fitzgerald said that if Assange was extradited, he would face a trial with ‘tainted evidence’ and jurors who are ‘prejudiced irretrievably by public denunciations of him made by the President downwards’.
Judges were later told the original judge failed to consider the political nature of Assange’s actions, which should be protected.
Mr Fitzgerald said: ‘Mr Assange is being prosecuted ‘on account of’, in fact, prosecuted for, his exposure of alleged US government involvement in gross crimes of universal jurisdiction.
‘Her judgment simply fails to address this issue. Her decision was manifestly deficient and, because there is no answer to this issue, manifestly wrong.’
Outside court, hundreds of activists were seen waving Australian flags, holding placards with the words ‘Free Julian Assange’ and ‘drop the charges’, and chanting ‘there is only one decision – no extradition’ and ‘US, UK, hands off Assange’.
‘We have two big days ahead. We don’t know what to expect, but you are here because the world is watching,’ she told the crowd. ‘They have to know they can’t get away with this. Julian needs his freedom and we all need the truth.’
Assange, 52, is facing up to 175 years in jail for espionage – meaning if he is extradited and convicted, he would likely die behind bars.
Protesters from as far as Australia joined Tuesday’s demonstration outside the London court
Ms Assange spoke to protesters outside of court, having previously warned her husband ‘will die’ if he is extradited to America
Julian Assange, who faces espionage charges and up to 175 years in jail, pictured with his wife Stella
Thanking campaigners, she added: ‘Please keep on showing up, be there for Julian and for us, until Julian is free.’
Assange’s legal battles began in 2010, and he subsequently spent seven years holed up in Ecuador’s embassy in London before he was dragged out and jailed in 2019 for breaching bail conditions. He has been held in a maximum-security jail in southeast London ever since, even getting married there.
Britain finally approved his extradition to America in 2022 after a judge initially blocked it because concerns about his mental health meant he would be at risk of suicide if deported.
His lawyers will try to overturn that approval at a two-day hearing in front of two judges in what could be his last chance to stop his extradition in the English courts.
They will argue that Assange’s prosecution is politically motivated and marks an attack on free speech, as the first time a publisher has been charged under the U.S. Espionage Act.
Assange’s brother, Gabriel Shipton and father John Shipton were also seen outside court ahead of today’s hearing, with Gabriel speaking to protesters.
Gabriel added his brother was ‘suffering’ from poor health, telling TalkTV: ‘He is going through immense amount of suffering. He is deteriorating. His health is in a very delicate position. It’s absolutely heartbreaking.’
Gabriel Shipton, Assange’s brother, was seen outside the High Court in London speaking to crowds on Tuesday
Father of Wikileaks founder Julian Assange, John Shipton arrives at the High Court in London
Campaigners showing their support massed outside the court in their dozens with posters
Julian Assange’s father John Shipton outside the Royal Courts Of Justice in London, ahead of a two-day hearing in the extradition case of his son
During Tuesday’s hearing, lawyers for Julian Assange also asked for the green light to appeal against then-home secretary Priti Patel’s decision to approve his extradition in June 2022.
In written submissions, Mr Fitzgerald KC, for Assange, said that under the Extradition Act, Ms Patel had the power to refuse to approve the extradition.
He said: ‘It is respectfully submitted that it is, at lowest, arguable that the act does not operate in this manner, and specifically does not preclude the secretary of state from halting an extradition which is patently prohibited by the treaty.’
He continued: ‘It is a stark proposition, unsupported by authority, that the secretary of state is bound by law to give effect to an extradition request which she knows to be prohibited by international law.’
Earlier, politicians from the UK and South Africa spoke out in support of Mr Assange. Among those to give speeches during the rally included former Labour leader, Jeremy Corbyn, Apsana Begum MP, Richard Burgon MP, and Andrew Feinstein (right), a former Member of the National Assembly of South Africa.
Dozens of protesters gathered outside the High Court to support Julian Assange today
Former Labour leader Jeremy Corbyn was among those speaking on Tuesday outside of court
Apsana Begum MP (left) addresses the protest at High Court. Andrew Feinstein (right), a former Member of the National Assembly of South Africa, also spoke to protesters
Other campaigners travelled from across the globe to show their support. Jodie Asard flew from Adelaide , Australia, with her son to support Assange’s appeal case.
Ms Asard said: ‘We’ve come over from Australia to stand with our brothers and sisters here and to represent Australia and to make sure that the Australian Government knows that 88 per cent of Australians want Julian Assange free and to be brought home.
‘It’s probably the trial of the century to be honest in regards to free speech, free press and our right to know, so that’s why I’m here to stand with Julian and all these people here to call for him to be completely, safely released.’
Ms Asard added that the way Assange had been kept in a ‘three-by-two metre cell’ in Belmarsh prison was ‘criminal’.
‘He is being abused, in my opinion, institutionally abused by our Western governments,’ she added.
A speaker on a stage outside the court welcomed protesters to the ‘most important freedom of speech case in the 21st century’.
He was greeted with cheers and claps from the crowd of protesters.
Tim Dawson, deputy general secretary at the International Federation of Journalists, then took to the stage.
He said: ‘Be under no illusions, if this prosecution is successful, other vital cases will never come to light.’
Stella Assange is surrounded by protesters ahead of her husband’s court case in London
Dozens of protesters carrying placards and gold ribbons marched on the Royal Courts of Justice
A group of Assange supporters hold their placards demanding he is freed outside the court on Tuesday morning
One of the posters by a support is pictured outside the court on Tuesday morning
On a stage Mrs Assange (pictured centre) thanked protesters and said: ‘Please keep on showing up, be there for Julian and for us, until Julian is free.’
‘Free Julian Assange, support journalism and safeguard free speech,’ he finished, to claps and cheers from the audience.
Protesters chanted ‘UK, US shame on you’ as MP for Poplar and Limehouse, Apsana Begum took to the stage outside the Royal Courts of Justice.
‘This case is about people and their power, versus the state and its imperialism,’ she said.
‘Ultimately it is about seeking justice in an all-too-often unjust world. Solidarity,’ Ms Begum finished.
Craig Murray, a former British ambassador to Uzbekistan, said if Assange’s appeal was not granted, it would be an ‘attack on the freedom to know, an attack on the rights of every single person here and every single person around the globe’.
‘I have lost all faith in the independence of the judicial system,’ Mr Murray said.
During a briefing with reporters last week ahead of her husband’s appeal, Ms Assange said the case was ‘politically motivated’ and violates the UK-US extradition treaty which prohibits extradition for political reasons.
Activists were seen waving Australian flags, holding placards with the words ‘Free Julian Assange’ and ‘drop the charges’
Campaigners hold their posters outside the court ahead of Assange’s two-day hearing
Activists were seen waving Australian flags, holding placards with the words ‘Free Julian Assange’ and ‘drop the charges’
She said the ‘bogus extradition request’ would have been thrown out by the UK authorities if it was made by any country other than the US, adding she had learnt ‘not to be optimistic’ over his case.
‘Julian should never have been put in prison in the first place,’ she added.
The couple have two children together and married in March 2022 in Belmarsh.
Ms Assange, who cried during the briefing, said her husband was ‘isolated’ in prison and spends more than 22 hours a day in confinement.
‘I am very concerned about how he’s doing. Physically, he’s aged prematurely,’ she added.
‘Julian will be put in a hole if he is extradited, there is no doubt about that. He will be put in a hole so far and deep in the ground that I don’t think I’ll ever see him again.’
Ms Assange said: ‘The situation is extremely grave. He could be on a plane within days’
If his appeal is unsuccessful, Ms Assange said her husband would apply to the European Court of Human Rights for a Rule 39 order to stop extradition while it considers his case.
Assange’s campaign against extradition is supported by human rights and journalistic organisations across the world.
At the briefing at the Royal Over-Seas League, WikiLeaks editor-in-chief Kristinn Hrafnsson said the extradition would set a precedent that has ‘dark and serious implications for press freedom all around the world’.
The Icelandic investigative journalist said: ‘We are seeing a critical attack on press freedom worldwide. It is like a disease – an anti-press pandemic creeping up on us that has been incrementally taking shape over the years.
‘And in that sense Julian Assange has been canary in the coal mine.’
Rebecca Vincent, director of campaigns at Reporters Without Borders, said there had been a lot of ‘unhelpful noise’ and ‘misconceptions’ surrounding the case.
She said: ‘We defend Julian Assange because of his contributions to journalism.
‘We believe this case has a lot of implications for journalism and press freedom around the world.’
Ms Vincent said the US espionage act lacks a ‘public interest defence’ and could be applied to ‘anyone publishing stories based on leaked documents’.
Stella Assange with Wikileaks editor-in-chief Kristinn Hrafnsson
Assange is wanted in the US over an alleged conspiracy to obtain and disclose national defence information following the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars. He denies any wrongdoing.
In a January 2021 ruling, then-district judge Vanessa Baraitser said he should not be sent to the US, citing a real and ‘oppressive’ risk of suicide, while ruling against him on all other issues.
US authorities brought a successful High Court challenge against this decision, paving the way for extradition.
In June last year, Assange lost his appeal against a judge’s ruling over whether he should be extradited but make his final appeal in the High Court this week.
