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Authored by Joe Lauria via Consortium News,
There are five possible scenarios that could result from the two-day hearing at the High Court in London at the end of last month on the U.S. appeal of a lower court decision not to extradite imprisoned WikiLeaks publisher Julian Assange to the United States to face espionage and computer intrusion charges.
A ruling is not expected for weeks. The two judges on the High Court, Lord Chief Justice Ian Duncan Burnett and Lord Justice Timothy Holroyde, must decide whether District Judge Vanessa Baraitser applied the law correctly in finding that it would be oppressive to extradite a highly suicidal Assange to a harsh U.S. prison. Via Daily Mail: Prior photos showed Assange looking gaunt inside Belmarsh Prison The judges can make one of five possible decisions, according to section 28 (e) of the Senior Courts Act 1981: they can uphold the first court’s decision and dismiss the U.S. appeal;
they can allow the U.S. appeal and overturn the order not to extradite;
they can send the case back to magistrate’s court with instructions on following the law;
they can amend the ruling.
The fifth possibility is that the two judges fail to agree on a decision and a new High Court panel would rehear the U.S. appeal.
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What the High Court is Weighing
Burnett and Holroyde must essentially decide if a) Assange is too ill and too prone to suicide to be extradited and b) whether they believe U.S. promises that Assange will not be put into extreme isolation in a U.S. prison .Specifically, the judges must determine whether Baraitser misapplied the law in her January decision to block Assange’s extradition. The U.S. appeal argues that Baraitser wrongly applied Section 91 of the U.S.-U.K. Extradition Treaty and that had she properly done so, she would not have discharged Assange. What the Treaty Says Section 91 states: To convince the High Court that Assange is mentally fit for extradition, the U.S. wants to throw out the testimony of expert defense witness Dr. Michael Kopelman on a technicality: that he initially withheld the name […]
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