Julian Assange risks ‘flagrant denial of justice’ if tried in US, London court told

At a hearing in London, Julian Assange's legal team shared their concern about the potential for a clear injustice if he is put on trial in the United States. If the appeal does not go in his favor, Assange could be sent back to the US and face extradition in a matter of days.

During the high court session on Tuesday, it was mentioned that if Assange were to be found guilty in the US, he could face a whopping 175-year imprisonment. This is considered to be an excessively severe penalty, especially since the documents he had released were classified military and diplomatic files related to the wars in Afghanistan and Iraq.

His legal team is requesting a complete hearing for his appeal. But if the two aforementioned judges reject the request, all of the feasible legal actions in the United Kingdom will have been taken, thus leaving the European Court of Human Rights (ECtHR) as the only possible option for Assange to prevent his extradition to the United States.

Many of his backers held up signs and shouted for his freedom outside of the courthouse. Assange had been given the go-ahead to attend the hearing for two days, but according to one of his lawyers, Edward Fitzgerald KC, he wasn't feeling well.

Fitzgerald expressed concern in court that Assange might face an unfair trial if he is extradited. In written statements, Fitzgerald argued that the current prosecution case is unprecedented as it seeks to condemn the normal practices of journalists in obtaining and divulging true classified data that is vital to the public.

According to him, Assange and WikiLeaks revealed the US government's criminal activities on a level never seen before. These included torture, illegal detentions, killings without trial, and war crimes. The most well-known revelation was a video showing a US helicopter attack in Iraq that killed 11 individuals, including two journalists from Reuters.

Assange wants to appeal his extradition on the basis that it violates the UK-US extradition treaty that forbids extradition for political crimes.

Assange is being accused of 17 espionage charges, as pointed out by Fitzgerald. He believes that these charges are clearly driven by politics and the offence is politically motivated. Additionally, he is facing one count of computer misuse.

During the court session, Fitzgerald emphasized the significance of the ban on extradition for political crimes stated in article 4 of the extradition agreement. He pointed out that this protection holds great importance in both historical and legal aspects, and is recognized as one of the most essential safeguards in international and extradition law. Fitzgerald also highlighted that other governments and western nations have also stood their ground against extradition requests for political offenses made by the US.

Mark Summers KC, who is also representing Assange, brought up a highly alarming matter regarding a potential plot to either abduct or physically harm the WikiLeaks founder while he was taking refuge in the embassy of Ecuador. This was first reported by Yahoo News and has resulted in major concern.

Groups supporting Assange consist of Reporters Without Borders, PEN International, the National Union of Journalists, Amnesty International and Human Rights Watch.

His wife, Stella Assange addressed the audience outside the court, saying they have two important days coming up. She expressed uncertainty about what to expect, but acknowledged the significant global attention on the situation. Stella emphasized that it is imperative that justice is served and that Julian is granted his freedom. She stated that the truth is necessary for us all.

During a conversation with journalists, she drew parallels between her husband's situation and that of Alexei Navalny, who was a Russian opposition campaigner that died in prison last Friday. To clarify, she stated that Julian is a prisoner due to his political views and that his life is not safe. She emphasized that what happened to Navalny could very well happen to her husband, which is why she is concerned.

Assuming that Assange is not granted the right to appeal by the court, he would need to approach the ECHR to request that the UK abstains from extraditing him, until his case is under review. In case the request gets rebuffed, he may end up getting expelled from the nation by the US marshals swiftly.

On Wednesday, the United States will be able to present their arguments orally. However, they have previously written that Assange's lawyers have consistently and repeatedly misstated the facts of the case.

James Lewis KC stated that the founder of WikiLeaks is not being charged just for publishing, but for helping and working together with the whistleblower Chelsea Manning to illegally obtain the documents. This action is definitely a severe criminal offense, which led to disclosing the unredacted names of sources and putting them at risk of suffering serious harm.