By Diego Ramos / Original to ScheerPost
The British High Court has accepted three elements of Julian Assange’s appeal against his extradition to the U.S., delaying the process for some time. Unless the U.S. provides “assurances” for Assange’s appeals, including protection against the death penalty, the WikiLeaks founder will be granted a new appeal.
Despite U.S. officials promising Assange would not be subject to capital punishment, the court ruled “nothing in the existing assurance explicitly prevents the imposition of the death penalty.”
The U.S. government has until April 16 to file these assurances and if done so, Assange will have until April 30 to respond and the U.S. is to answer back by May 14, with a hearing considering the leave to appeal on May 20. If the U.S. fails to file assurances in three weeks, Assange will be granted permission to appeal.
Judges Victoria Sharp and Jeremy Johnson of the British High Court agreed with the following points in Assange’s appeal:
- a) if extradited, the applicant might be prejudiced at his trial by reason of his nationality (contrary to section 81(b) of the 2003 Act), and
- b) as a consequence of a), but only as a consequence of a), extradition is incompatible with article 10 of the Convention. [In the European Convention on Human Rights (ECHR), article 10 protects the right to freedom of expression.]
- The applicant has established an arguable case that the Secretary of State’s decision was wrong because extradition is barred by inadequate specialty/death penalty protection.
The judges dismissed appeal of Assange’s other points including:
- The UK-US Extradition treaty (the Treaty) prohibits extradition for a political [offense] (and the [offenses] with which the applicant is charged fall within that category).
- The extradition request was made for the purpose of prosecuting the applicant on account of his political opinions (contrary to section 81(a) of the 2003 Act).
- Extradition is incompatible with article 7 of the European Convention on Human Rights (the Convention) (which provides there should be no punishment without law).
- Extradition is incompatible with article 6 of the Convention (right to a fair trial).
- Extradition is incompatible with articles 2 and 3 of the Convention (right to life, and prohibition of inhuman and degrading treatment).
The judges acknowledged that extradition for “political opinions” has been barred in English law, citing the Extradition Act 1870 and 1989. However, in examining the Extradition Act 2003, the judges separate “political [offense]” from “political opinions,” stating “[The Extradition Act 2003] says nothing, however, about preventing extradition for a political [offense]. Although there may be a degree of overlap, the two are separate concepts.”
Stella Assange, Julian Assange’s wife, spoke outside the court stating, “The Biden administration should not issue assurances. They should drop this shameful case, which should never have been brought.”
Significantly, the court also rejected “fresh evidence” from the Assange team with regards to the Yahoo News article written by Zach Dorfman, Sean D Naylor and Michael Isikoff that exposed a plot by former CIA Director Mike Pompeo and others to kidnap or assassinate Assange during his time at the Ecuadorian embassy in London.
Despite the evidence exposed by the article, the judges ruled, “Extradition would result in him being lawfully in the custody of the United States authorities, and the reasons (if they can be called that) for rendition or kidnap or assassination then fall away.”
Assange enters his fifth year of imprisonment inside Belmarsh Prison, where his physical and mental health has significantly deteriorated.
Below is a PDF of the ruling, acquired by Kevin Gosztola of The Dissenter:
By Zehra Imam / Mondoweiss
As Palestinians are slaughtered by the thousands in Gaza and violently attacked during night prayers in the al-Aqsa Mosque by Israel, the West Bank endures massacres that at times go unnoticed during this holy month. I have spent my Ramadan in conversation with a friend from Jenin.
Much has changed since I visited Aseel (not her real name) in August 2023. There are things I saw in Jenin that no longer exist. One of them is my friend’s smile and her spark.
Usually, they say Jenin is a small Gaza. During Ramadan, because the attacks generally happen at night, people are an easy target because they are on the streets late at night. In the past, it was rare for the IOF to enter during the day. Now, they attack during the day; their special forces enter, and after people discover them, their soldiers come within minutes.
Every 2-3 days, there is a new attack in Jenin. In our minds, there is a constant ringing that the IOF may come. We don’t know at what time we will be targeted or when they will enter. There is no stability in our lives.
Even when we plan for something, we hedge it with our inshallahs and laugh. There are a lot of ifs. If they don’t enter the camp. If there are no martyrs. If there is no strike.
On the second day of Ramadan, they attacked my neighborhood again. We thought it was a bombing because it started with an explosion, but the house was shaking. We were praying fajr, and everyone was screaming outside. The sound of the drone was in our ears. “No, these are missiles,” we realized.
There was panic in the streets. Women fainted. People had been walking back from praying at the mosque, and some were still in the street. Alhamdulillah, no one was hurt, we say.
The balcony to the room at my uncle’s house where we slept had fallen. It no longer had any glass, and a bullet entered my uncle’s bedroom and reached the kitchen. The drone hit the trees in front of our house. The missiles destroyed the ceiling, and the rockets reached my neighbor’s house on the first floor, exactly in front of our house.
Since October 7, Jenin has become a target. There is a clear escalation in the camp and the city. The IOF has used many different weapons to kill us here. They have even been aggressive toward the infrastructure, as though every inch of our city was resisting them.
They destroyed much of the camp, and there is no entrance now. The arch is gone, and there is no sign reminding us that Jenin refugee camp is a temporary place. There is no horse. Only the street is left. You have the photographs. You were lucky. They changed the shape of the camp, and everything has been destroyed.”Aseel
The first time Aseel and I met in person was in Nablus at the Martyrs Roundabout. As we caught up, we ate a delicious concoction of ice cream, milk, nuts, and fresh fruit that was a perfect balm to the heat. She took me to some of her favorite places nestled within the old city of Nablus. A 150-year-old barber’s shop that felt like you had entered an antique store where plants reached the ceiling and where the barber was a massive fan of Angelina Jolie. A centuries-old house now called Tree House Cafe looked like a hobbit home from Lord of the Rings, where we hid away as she sipped her coffee and I drank a mint lemonade. We visited one of the oldest soap factories in the world with ingredients such as goat’s milk and olive oil, jasmine and pomegranates, even dates and Dead Sea mud.
We happened to chance upon a Sufi zawiya as we walked through a beautiful archway decorated with lanterns, light bulbs, and an assortment of potted plants, after which we saw a cobalt blue door on our left and an azul blue door with symmetrical red designs, and Quranic ayat like incantations on our right as doors upon doors greeted us.
The air was welcoming yet mingled with the memory of martyrs whose memorials took over the landscape, sometimes in the form of larger-than-life portraits surrounded by complex four-leafed magenta-white flowers; posters above a water spout next to a heart-shaped leaf; a melted motorcycle that, too, was targeted in the neighborhood that hosted the Lions’ Den. We stopped to pray at a masjid, quiet and carpeted.
After a bus ride from Nablus to Jenin, on our walk before entering Jenin camp, Aseel showed me the hospital right outside the camp. She pointed out the barricades created to keep the occupation forces from entering specific streets. This is the same hospital that the occupation forces blocked during the July 2023 attack, which now seems like a lifetime ago.
What caught my eyes again and again were the two Keys of Return on top of the entrance of Jenin Camp that symbolized so much for Palestinians.
“This is a temporary station,” Aseel read out loud to me. “That’s what it says. We are supposed to return to our homes.”
“Netanyahu said he is planning another big attack, so the resistance fighters are preparing because it can happen any day,” she had told me that evening as we shared Jenin-style knafeh, baked to perfection. Then she stopped, looked at the sky, and said humorously, “Ya Allah, hopefully not today!” And we both laughed because of its potential reality.
Dinner on the terrace at her uncle’s home was a delicious spread of hummus, laban, fries, cucumbers pickled by her aunt, and arayes — fried bread stuffed with meat. Then we moved the furniture to sleep on mattresses in a room that extended to the rooftop terrace with a breeze, overlooking Jenin Camp and the rest of Jenin City. We could hear gunshots in the distance. The drones were commonplace, and the heat did not relent. Temperatures soared, and the electricity was out when we woke up at 5 a.m. I heard her pray, and later, as we sipped on coffee and had wafters in the early morning at her home, my eyes went to a piece of tatreez, or embroidery, of a bird in flight framed on the wall. Her eyes followed mine and when I said I loved it.
“It used to be my grandfather’s,” she told me. “Of course it’s beautiful — the bird is free.”
Unexpectedly, Aseel’s mother gifted me a Sprite bottle full of olive oil beholding the sweet hues of its intact health, which I would later ship secretly from Bethlehem all the way to Boston. And then Aseel came to me with a gift, too: a necklace that spoke succinctly about the right to return and live on this earth. Mahmoud Darwish’s poetry was held together with intricate calligraphy carved in the shape of Palestine’s landscape, and I was completely overwhelmed.
“You are in Palestine, my dear,” she had smiled. “And you are now my family. This is your country, this is your second home, really.”
When I ask her about what brings her hope these days, Aseel tells me about her eight-year-old nephew.
He wanted to eat two meals. I told him that in Gaza they don’t have food. He was complaining about the food, and I told him, they don’t have water. And he heard me because he said, “today, we will only have one meal.”
I’m amazed at how mature he is. He even said, “We won’t make a special cake on Eid because of the Gazans.” For me, this is a lesson to be learned. He is only eight years old, but he knows.
We have lost a lot of people in Gaza, but here in the West Bank, we are succeeding because our new generation knows a lot. Ben Gurion would not be happy. He said of Palestinians, “the old will die and the young will forget.” No, the young ask even more questions. The new generation brings us hope. Hope is the new generation.
/sp
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Diego Ramos
Diego Ramos, ScheerPost Special Projects Editor and New York bureau chief, is a journalist from Queens, NY. He graduated from the University of Southern California in 2022 with a bachelor’s degree in journalism. He has previously worked at BuzzFeed News and was managing editor of Annenberg News at USC. He’s covered and researched myriad topics including war, politics, psychedelic research and sports.