In January this year, when a British judge refused to allow Julian Assange’s extradition to the US, to face espionage charges — and a potential 175-year sentence — for the work of WikiLeaks in helping to expose US war crimes in Afghanistan and Iraq, and the groundless basis of most of the US’s supposed reasons for holding men indefinitely without charge or trial at Guantánamo, the US government should have backed down and allowed him to be freed to be reunited with his family.
Judge Vanessa Baraitser’s ruling, sadly, avoided the heart of the case — whether publishing damaging material in the public interest is a crime (which it isn’t, and mustn’t be allowed to be, if freedom of the press is to mean anything) — but homed in unerringly on the considered opinion of a psychiatrist that, if transferred to a maximum-security prison in the US, awaiting trial, Assange, because of his mental health issues, would take his own life.
The ruling was a valid condemnation both of the brutality of the US prison system in general, and of its particular unsuitability for those with mental health issues, and it was a vivid reminder that, back in October 2012, Theresa May, when she was home secretary, had refused to allow the extradition to the US of Gary McKinnon, a hacker with Asperger’s syndrome, a form of autism, on the very same basis, and that the extradition of Lauri Love, another hacker with Asperger’s, had been refused by two High Court judges in February 2018.
In a totally unexpected ruling in the Old Bailey this morning, District Judge Vanessa Baraitser refused to allow WikiLeaks founder Julian Assange’s extradition to the US to proceed, on the basis that, as court-watcher Kevin Gosztola described it in a tweet, she was “satisfied that procedures described by [the] US would not prevent Assange from finding a way to commit suicide in [a] US supermax prison.”
Gosztola added, powerfully, “The United States government’s mass incarceration system just lost them their case against WikiLeaks founder Julian Assange.”
In an unjust world in which good news seems to be in ever dwindling supply, this is extraordinarily good news. The US has 14 days to appeal, but it is uncertain if they will do so, as the mental health and suicide risk argument is essentially unassailable, and has been used effectively before — in the cases of Gary McKinnon and Lauri Love, who both have Asperger’s Syndrome. Julian’s Asperger’s has, to my mind, rarely been adequately recognized before, until it was diagnosed by an expert witness in his extradition hearing in September, which now seems to have played a key role in preventing his extradition.
I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
On Monday, at Westminster Magistrates’ Court, Julian Assange, the founder of WikiLeaks, looked frail and, at times, appeared confused as his lawyers sought a delay to a hearing regarding his proposed extradition to the US to face dubious — and potentially punitive — espionage charges relating to WikiLeaks’ work as a publisher of classified US government information; in particular, “Collateral Murder,” a “classified US military video depicting the indiscriminate slaying of over a dozen people in the Iraqi suburb of New Baghdad — including two Reuters news staff,” war logs from the Afghan and Iraq wars, a vast number of US diplomatic cables from around the world, and, in 2011, classified military files relating to Guantánamo, on which I worked as media partner, along with the Washington Post, McClatchy, the Daily Telegraph and others.
Assange has been imprisoned in the maximum-security Belmarsh prison in south east London since April, when the government of Ecuador, in whose embassy he had been living for nearly seven years, revoked the political asylum granted to him by the country’s former president, the democratic socialist Rafael Correa, who called his replacement, the right-winger Lenin Moreno, “[t]he greatest traitor in Ecuadorian and Latin American history” for his betrayal of Assange, declaring, “Moreno is a corrupt man, but what he has done is a crime that humanity will never forget.”
In May, a British court sought to justify Assange’s imprisonment with a 50-week sentence for having broken his bail conditions back in 2012, when he first sought asylum in the Ecuadorian embassy, fearing that he would be extradited to Sweden to face unsubstantiated sexual assault allegations, and would then be handed over to the US.
This Wednesday and Thursday, November 29 and 30, a hearing is taking place at the High Court in London to assess whether Lauri Love, a computer expert with Asperger’s Syndrome, should be extradited to the US for acts of online activism — allegedly targeting US government websites in the wake of the suicide of computer expert and activist Aaron Swartz in January 2013, along with many other online activists.
There is no evidence that any harm was caused in the US, Lauri has never set foot in the US, the British government has brought no case against him in the UK, and yet, under the terms of the 2003 US-UK Extradition Treaty, the US is able to demand that he be sent to the US to be imprisoned (in isolation in a maximum-security prison) and subsequently tried (in a broken, punitive system in which huge pressure is exerted to accept a plea deal and a 10-20 year sentence rather than fight and lose and be imprisoned for life). Worryingly, Lauri Love has been openly stating that he could not bear punitive isolation in the US, and would kill himself rather than be extradited, and those closest to him do not dispute this intent.
I have some experience of the chronic unfairness of the US-UK Extradition Treaty, because, back in 2012, I worked to oppose the injustice of the treaty with reference to the cases of Talha Ahsan and Babar Ahmad, who ended up being extradited in relation to a UK website encouraging Muslim resistance to oppression, which was run from the UK, but had, at one point, involved a server in Connecticut — enough, apparently, for extradition to take place. Read the rest of this entry »
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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