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Purgatorial torments: Assange and the UK High Court

By Binoy Kampmark - posted Tuesday, 2 April 2024


A signed witness statement also confirmed that UC Global, the Spanish security firm charged by the CIA to conduct surveillance of Assange in the Ecuadorian embassy in London, had means to provide important information for "options on how to assassinate" Assange.

Instead of considering the material placed before them as validating a threat to Assange's right to life, or the prospect of inhuman or degrading treatment or punishment, the High Court justices speculated what Baraitser would have done if she had seen it. Imaginatively, if inexplicably, the judges accepted her finding that the conduct by the CIA and UC Global regarding the Ecuadorian embassy had no link with the extradition proceedings. With jaw dropping incredulity, the judges reasoned that the murderous, brutal rationale for dealing with Assange contemplated by the US intelligence services "is removed if the applicant is extradited." In a fit of true Orwellian reasoning, Assange's safety would be guaranteed the moment he was placed in the custody of his would-be abductors and murderers.

The High Court was also generous enough to do the homework for the US government by reiterating the position taken by their brother judges in the 2021 decision. Concerns about Assange's mistreatment would be alleviated by granting "assurances (that the applicant is permitted to rely on the First Amendment, that the applicant is not prejudiced at trial (including sentence) by reason of his nationality, that he is afforded the same First Amendment protection as a United States citizen, and that the death penalty not be imposed)." Such a request is absurd for presuming, not only that the prosecutors can be held to their word, but that a US court would feel inclined to accept the application of the First Amendment, let alone abide by requested sentencing requirements.

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The US government has been given till April 16 to file assurances addressing the three grounds, with further written submissions in response to be filed by April 30 by Assange's team, and May 14 by the Home Secretary. Another leave of appeal will be entertained on May 20. If the DOJ does not provide any assurances, then leave to appeal will be granted. The accretions of obscenity in the Assange saga are set to continue.

 

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About the Author

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He currently lectures at RMIT University, Melbourne and blogs at Oz Moses.

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