(London, U.K.) Under drab skies and London’s Lady Justice, a British judge refused to extradite WikiLeaks founder Julian Assange on Monday.
Making her ruling at the Central Criminal Court of England and Wales, District Judge Vanessa Baraitser opted to reject America’s extradition request of Assange on January 4 — in spite of siding with prosecutors on behalf of the U.S. government at almost every point of law.
Baraitser rejected the defence’s detailed submissions that Assange should not be sent to the U.S. on grounds that doing so would deny him the right to a free trial under Articles 6 and 7 of the European Convention on Human Rights, and that it would violate his freedom of expression under Article 10, but agreed that Assange’s rapidly deteriorating mental health and his substantial risk of suicide were grounds enough to reject the extradition application.
As prescribed under Section 91 of the U.K. Extradition Act of 2003, Baraitser was satisfied that sending Assange to the U.S. would be unjust and oppressive given the prison conditions he will be detained in, and due to the near-total isolation he would be kept in.
“The final substantive challenge in this case related to Mr Assange’s health,” Baraitser said. “Section 91 of the Extradition Act 2003 bars extradition if it is unjust or oppressive by reason of a person’s health.
“I spent some time with my judgement considering Mr Assange’s health in light of the evidence of the four psychiatrists who assessed him. For reasons given in my judgement, I accepted professor Kopelman’s opinion that Mr Assange suffers from a recurrent depressive disorder, which was severe in December 2019, and is sometimes accompanied by psychotic features.
“I also accepted Dr Deeley’s opinion that Mr Assange suffers from Autism Spectrum Disorder — albeit, a highly functioning autistic case — and Asperger’s Syndrome Disorder.
“I found that notwithstanding the strong and constant support he receives from his family and friends, Mr Assange has remained either severely or moderately clinically depressed throughout his detention at H.M.P. Belmarsh. He’s remained on ACCT — the care planning process for prisoners identified as being at risk of suicide or self-harm — since his arrival at H.M.P. Belmarsh, aside from a brief period at the end of December 2019.
“His prison medical notes record numerous occasions on which he has told the In-Reach psychologist Dr Corson, and other medical staff (for example a prison nurse), that he had suicidal or self-harming thoughts, felt despairing or hopeless and had made plans to end his life. He has made frequent requests for access to the prison’s Samaritans phone.”
Baraitser also confirmed that half a razor blade was found in Assange’s cell in May of last year — concealed within some underwear in his bedside cupboard — and outlined the range of anti-depressants and mood-stabilising medications Assange is on.
“He has already made suicidal plans which professor [Michael] Kopelman considered to be highly plausible,” Baraitser added, “and taken steps to plan over his death, including by preparing a will and requesting absolution from the Catholic priest who attended the prison.
“I accept that there are entries in the notes which indicate a much better mood and lighter spirits at times, however the overall impression is of a depressed and sometimes despairing man, who is genuinely fearful about his future.”
Baraitser went on to further note a 1991 incident in which Assange had spent a week in hospital after slashing his wrists, detailing his family history with suicide and depression, before explaining how prison conditions in the U.S. — namely Special Administrative Measures (SAMs) — would aggravate such risks.
She said: “If detained subject to the full restrictions of pre-trial SAMs, Mr Assange would be housed in conditions of significant isolation. Contact with his family will be curtailed. Time out of his cell would be spent exercising in a small room or cage, alone.
“He will be forbidden from communicating with other prisoners. If SAMs continue to be imposed post-trial at the ADX Florence, then this level of isolation will be maintained. As the European Court acknowledged, the purpose of this regime is to prevent full physical contact between inmates and others, and to minimise social interactions with inmates and staff.
“Phase one inmates at the ADX are restricted to two non-legal telephone calls per month. They recreate individually in secure, single recreation areas. These conditions were considered by all of the experts to be likely to have a deleterious impact on Mr Assange’s mental health.”
Baraitser made note of a number of suicide prevention measures that could be taken in the 49-year-old’s case, but concluded that: “Mr Assange undoubtedly has the intellect to circumvent these.”
“In order to avoid suicide watch or increased isolation at H.M.P. Belmarsh, he has already adopted a strategy of disguising his suicidal thoughts,” she said.
“As professor Kopelman stated, suicide protocols cannot prevent suicide. And as Ms [Maureen] Baird put it, while the suicide strategy of the Bureau of Prisons is very good, it doesn’t always work.”
She concluded: “Faced with conditions of near-total isolation and without the protective factors which moderate his risk at HMP Belmarsh, I am satisfied that the procedures described by the U.S. would not prevent Mr Assange from finding a way to commit suicide. For these reasons, I’ve decided that extradition would be oppressive by reason of Mr Assange’s mental health and I order his discharge under Section 91 of the Extradition Act of 2003.”
Baraitser further noted she considered the defence’s abuse of process application, known as the Zakrewski abuse, but pointed to her full ruling on the extradition hearing for why it was rejected.
Upon request, the Crown Prosecution Service, on behalf of the U.S. government, immediately confirmed it would challenge the ruling via appeal. They have a deadline of 12 business days to do so.
While the news of Assange’s discharge was welcomed by his family members, friends and supporters, many warned that while the ruling was personally favourable to Assange, it was still damaging to freedom of speech and the rights of journalists.
A bail application on behalf of Assange will be decided at Westminster Magistrates’ Court on Wednesday (January 6).