FAN-0040 · Court judgment
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.
About this record
This judgment of Dame Victoria Sharp, President of the King's Bench Division, and Mr Justice Johnson decided my renewed application for leave to appeal against the Home Secretary's extradition order of 17 June 2022 and the district judge's January 2021 decision. Leave had been refused on the papers by Mr Justice Swift on 6 June 2023.
The court refused leave on six grounds, including arguments that extradition was barred by the US–UK treaty, was sought to prosecute me for my political opinions, and would breach articles 2, 3, 6 and 7 of the European Convention on Human Rights. It found three grounds arguable: that extradition would be incompatible with freedom of expression under article 10; that I might be prejudiced at trial by reason of my nationality; and that protection against the death penalty was inadequate.
Rather than grant leave immediately, the court adjourned the application until 20 May 2024 and gave the United States until 16 April 2024 to file assurances that I could rely on the First Amendment, would not be prejudiced at trial by my nationality, and would not face the death penalty. If no assurances were filed, leave would be granted.
Provenance
The judgment was handed down on 26 March 2024 and published with a press summary by the Courts and Tribunals Judiciary and on Find Case Law. The United States filed assurances, and at the hearing on 20 May 2024 the court granted leave to appeal, with the appeal to proceed on the free-speech and nationality grounds (NPR, via OPB); no written decision from that hearing appears on the judiciary's website.
The appeal, listed for 9–10 July 2024, never took place. After the United States withdrew its extradition request by diplomatic note on 26 June 2024, following my guilty plea in Saipan, the court ordered by consent on 28 June 2024 that I be discharged, quashed the Home Secretary's extradition decision and discontinued the appeal.
Key facts
| Neutral citation | [2024] EWHC 700 (Admin) |
|---|---|
| Case numbers | AC-2022-LON-001745 and 001746 |
| Judges | Dame Victoria Sharp P and Johnson J |
| Date | 26 March 2024 |
| Outcome | Leave refused on six grounds; three adjourned pending assurances |
| Subsequent history | Leave granted 20 May 2024; appeal discontinued and Assange discharged 28 June 2024 |
Sources
- 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
- Assange -v- Government of the United States of America [2024] EWHC 700 (Admin) (judgment page) — Courts and Tribunals Judiciary (Official record)judiciary.uk
- Judgment of 26 March 2024 (PDF) — Courts and Tribunals Judiciary (Original publication)judiciary.uk
- Press summary of the judgment of 26 March 2024 (PDF) — Courts and Tribunals Judiciary (Official record)judiciary.uk
- Julian Assange can appeal his extradition to the US, a British court has ruled (NPR, 20 May 2024) — OPB / NPR (Reporting)opb.org
- High Court order of 28 June 2024 discharging Assange (PDF) — Courts and Tribunals Judiciary (Official record)judiciary.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 |
| 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 |
| 2021-01-04 | FAN-0038 | 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. | 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 |