Julian Assange wins right to appeal against extradition to US

Julian Assange has been granted leave to mount a fresh appeal against his extradition to the US on charges of leaking military secrets and will be able to challenge assurances from American officials on how a trial there would be conducted.

Two judges had deferred a decision in March on whether Assange, who is trying to avoid being prosecuted in the US on espionage charges relating to the publication of thousands of classified and diplomatic documents, could take his case to another appeal hearing.

On that occasion, Dame Victoria Sharp and Mr Justice Johnson ruled he would be able to bring an appeal against extradition on three grounds, unless “satisfactory” assurances were given by the US.

The assurances requested were that he would be permitted to rely on the first amendment of the US constitution, which protects freedom of speech; that he would not be “prejudiced at trial” due to his nationality; and that the death penalty would not be imposed.

There were gasps of relief from his wife and supporters at the high court in London on Monday as judges granted him leave to challenge his extradition on the grounds of whether removal would be compatible with the right to freedom of expression under the European convention on human rights, regarded as having the functional equivalent of the US first amendment, and on the grounds that he might be prejudiced at his trial or punished by reason of his nationality.

The judges accepted that there was an arguable case that he could be discriminated against, after being told that an US prosecutor has said the first amendment may not apply to foreigners when it came to national security issues.