United States of America v Assange: Admn 10 Dec 2021

Late evidence from requesting state was admissible

The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions.
Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court with a direction to proceed as the DJ would have been required to do if she had decided differently the relevant question of whether Mr Assange’s mental condition was such that it would be oppressive to extradite him, namely by sending the case to the Secretary of State. Extradition was granted. As to the late submission of evidence: ‘a court hearing an extradition case, whether at first instance or on appeal, has the power to receive and consider assurances whenever they are offered by a requesting state. It is necessary to examine the reasons why the assurances have been offered at a late stage and to consider the practicability or otherwise of the requesting state having put them forward earlier. It is also necessary to consider whether the requesting state has delayed the offer of assurances for tactical reasons or has acted in bad faith: if it has, that may be a factor which affects the court’s decision whether to receive the assurances. ‘

The Lord Burnett of Maldon,
Lord Chief Justice of England and Wales,
And,
Lord Justice Holroyde
[2021] EWHC 3313 (Admin), [2021] WLR(D) 624
Bailii, Judiciary, WLRD
Extradition Act 2003 91 105
England and Wales
Citing:
See AlsoAssange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
See AlsoAssange, An Application By (Cancel An Arrest Warrant : Ruling No 2) Misc 11-Feb-2018
(Westminster Magistrates Court) . .
See AlsoUnited States of America v Assange Misc 4-Jan-2021
Westminster Magistrates Court – The defendant resisted a request for extradition to the USA.
Held: Extradition was refused on the sole basis that the defendant was already in a weak and susceptible mental health condition, and the indications . .
See AlsoUnited States of America v Assange Admn 11-Aug-2021
Appeal from refusal of extradition order on grounds of defendant’s mental health.
Held: Leave granted. . .
CitedSatkunas v Lithuania Admn 1915
If a party wishes to raise an issue which is likely to depend upon evidence which could be led by one or both sides, it is incumbent upon him to do so at the extradition hearing and not later. . .
CitedKakis v Government of the Republic of Cyprus HL 1978
Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled . .
CitedSzombathely City Court and others v Fenyvesi and Another Admn 19-Feb-2009
The court considered its power to admit additional evidence on an extradition appeal. A court had rejected an extradition request saying that it was not sure that the defendants, as Roma citizens would receive a fair trial. The requesting . .
CitedBabar Ahmad And Aswat v United Kingdom ECHR 10-Apr-2012
The applicants said that if extradited to the USA to face charges related to terrorism, they would risk facing either imprisonment by Presidential decree, or full life terms.
Held: Detention conditions and length of sentences of five alleged . .
CitedTurner v Government of The USA Admn 28-Aug-2012
The defendant challenged the request to extradite her, because of the passage of time, and because of her threatened suicide if extradited. . .
CitedUnited States of America v Assange Misc 4-Jan-2021
Westminster Magistrates Court – The defendant resisted a request for extradition to the USA.
Held: Extradition was refused on the sole basis that the defendant was already in a weak and susceptible mental health condition, and the indications . .
CitedGovernment of Turkey v Tanis Admn 21-Jun-2021
. .
CitedIndia, The Government of v Ashley Admn 10-Oct-2014
. .
CitedThe Government of India v Dhir and Another Admn 6-Feb-2020
The court heard a Part 2 case in which the issues related to article 3 of the Convention. The court said: ‘The court may consider undertakings or assurances at various stages of the proceedings, including on appeal, and the court may consider a . .
CitedBacau District Court Romania v Iancu Admn 29-Apr-2021
Further information and a related assurance had been submitted outside a time limit and after the conclusion of the hearing. The District Judge refused to admit it when to do so would result in a further hearing and in further delay to proceedings. . .
CitedAhmad and Another v United States of America Admn 30-Nov-2006
The court addressed a submission to the effect that there was a substantial risk that the USA would not honour assurances given in Diplomatic Notes.
Held: Laws LJ, referred to the fundamental assumption that a requesting state is acting in . .

Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 21 December 2021; Ref: scu.670393