FAN-0038 · Court judgment
USA v Julian Assange: judgment of Westminster Magistrates' Court (4 January 2021)
District Judge Vanessa Baraitser's ruling refusing the US extradition request because my mental condition and risk of suicide made extradition oppressive under section 91 of the Extradition Act 2003.
About this record
In this 132-page judgment District Judge (Magistrates' Court) Vanessa Baraitser decided the United States' request for my extradition to stand trial on the charges in the second superseding indictment. The hearing occupied four days in February 2020 and three weeks in September 2020; a separate 79-page appendix summarised the witness evidence.
The judge rejected most of my defence's arguments, including that the US–UK treaty barred extradition for political offences, that the conduct alleged was not an offence in UK law, that extradition would breach my rights to a fair trial and to freedom of expression under the European Convention on Human Rights, and that the request was an abuse of process. She accepted psychiatric evidence that I had a recurrent depressive disorder and autism spectrum disorder, and found a substantial risk that I would take my own life, particularly if held in near-isolation under US 'special administrative measures'.
She concluded: 'I find that the mental condition of Mr Assange is such that it would be oppressive to extradite him to the United States of America', and ordered my discharge under section 91(3) of the Extradition Act 2003. The United States appealed.
Provenance
The judgment was handed down at Westminster Magistrates' Court on 4 January 2021 and published by the Courts and Tribunals Judiciary with its appendix. The High Court allowed the United States' appeal on 10 December 2021 ([2021] EWHC 3313 (Admin)), quashing the discharge order.
Key facts
| Court | Westminster Magistrates' Court |
|---|---|
| Judge | District Judge (Magistrates' Court) Vanessa Baraitser |
| Date | 4 January 2021 |
| Outcome | Extradition refused; discharge ordered under s.91(3) Extradition Act 2003 |
| Length | 132 pages, plus 79-page appendix |
| Subsequent history | Overturned by the High Court, 10 December 2021 |
Sources
- The Government of the United States of America -v- Julian Assange (judgment page) — Courts and Tribunals Judiciary (Official record)judiciary.uk
- Judgment of District Judge Vanessa Baraitser, 4 January 2021 (PDF) — Courts and Tribunals Judiciary (Original publication)judiciary.uk
- Annex to the judgment of 4 January 2021 (PDF) — Courts and Tribunals Judiciary (Original publication)judiciary.uk
- The Government of the United States of America v Julian Paul Assange [2021] EWHC 3313 (Admin) — The National Archives – Find Case Law (Official record)caselaw.nationalarchives.gov.uk
- Julian Paul Assange v Government of the United States of America & Anor [2024] EWHC 700 (Admin) — The National Archives – Find Case Law (Official record)caselaw.nationalarchives.gov.uk
More from The Assange Case: Legal Record
| Published | Cat. no. | Title | Type |
|---|---|---|---|
| 2024-06-25 | FAN-0041 | United States v. Julian Paul Assange: plea agreement (District Court for the Northern Mariana Islands, June 2024) Agreement under which I pleaded guilty in Saipan to one count of conspiracy to obtain and disclose national defence information and received a 62-month time-served sentence, ending the US case. | Plea agreement |
| 2024-03-26 | FAN-0040 | Assange v Government of the United States of America [2024] EWHC 700 (Admin) Divisional Court ruling on my renewed application for leave to appeal: six grounds refused, three – free speech, nationality and the death penalty – adjourned pending US assurances. | Court judgment |
| 2021-12-10 | FAN-0039 | Government of the United States of America v Assange [2021] EWHC 3313 (Admin) Divisional Court judgment allowing the US appeal against my discharge after accepting diplomatic assurances on my conditions of detention, and directing that the case be sent to the Home Secretary. | Court judgment |
| 2019-05-23 | FAN-0036 | United States v. Julian Paul Assange: 18-count superseding indictment (May 2019) Superseding indictment of 23 May 2019 charging me with 17 Espionage Act offences and one count of conspiracy to commit computer intrusion over the 2010 disclosures by Chelsea Manning. | Indictment |
| 2019-04-11 | FAN-0035 | United States v. Julian Paul Assange: indictment (March 2018) Sealed one-count indictment returned in the Eastern District of Virginia in March 2018 charging me with conspiracy to commit computer intrusion; unsealed on the day of my arrest in London. | Indictment |
| 2016-02-05 | FAN-0026 | UN Working Group on Arbitrary Detention, Opinion No. 54/2015 (Julian Assange) Opinion of the UN Working Group on Arbitrary Detention finding that my deprivation of liberty by Sweden and the United Kingdom was arbitrary; made public on 5 February 2016 and rejected by both governments. | UN legal opinion |