WikiLeaks founder Julian Assange is fighting for extradition to the US, where he will be tried for “espionage”.
The United States accuses the Australian of publishing 250,000 diplomatic cables and about half a million secret documents on his website WikiLeaks in 2010 concerning the activities of the US military in Iraq and Afghanistan.
The judiciary has shown great caution towards Assange. Criminal prosecution for “information piracy” was launched in a covert form at the end of 2017. However, he was not charged with “espionage” until May 2019 under the 1917 wartime Prevention of Secret Information Act.
If transferred to the US, Assange will face trial in federal court in Virginia after facing 17 charges, including receiving and disclosing national defense information, and facing up to 175 years in prison in light of this. It is expected that the lawsuit will be accompanied by a fierce struggle over the First Amendment to the US Constitution, which protects the freedom of the press.
In an attempt to avoid this battle, the US authorities claim that Assange is not a “journalist” and “not a press publisher” and puts agents and military sources at risk. But the dossier raises difficult legal questions at a time when citizen journalists are active online. Assange is likely to appeal to the Supreme Court.
In January 2021, a British court rejected a US extradition request, finding that US detention conditions could fuel Assange’s suicidal tendencies. However, the US government was eventually able to convince the appeals court to side with him by providing several guarantees.
Washington, in particular, stressed that Assange will receive appropriate treatment and will not be held in a Colorado prison, where strict security measures are in place. They also promised that “special administrative measures” would not be applied to the founder of WikiLeaks before, during and after the trial. This includes, in particular, the system of near total lockdown, which is often denounced by human rights groups.
Once all appeals have been exhausted, Assange will be able to demand that his sentence be carried out in Australia. However, lawyers do not trust the United States and accuse it of “not often keeping its promises in the matter of arrest”.
Press freedom associations have criticized Australia’s accusation of “espionage” as it poses a danger to journalists and is expected to mobilize in its favor. But in a country where the military is paramount, reaction to the WikiLeaks revelations has been mixed. Some Americans supported the exposure of military errors, others criticized the exposure of the safety of field agents.
An April 2019 poll found that 53% of Americans support his extradition to the US, while 17% oppose it.
The Australian has 14 days to appeal the extradition order signed by Home Secretary Priti Patel to the UK High Court. If the court agrees to hear the appeal, the hearing will likely not take place until next year.
Assange can also apply to the European Court of Human Rights, but the process usually takes a long time, and aside from legal issues, his extradition could be delayed on medical grounds if his health deteriorates. Assange’s wife confirmed that he suffered a minor stroke last October.
