Julian Assange has won a bid at the High Court to appeal his extradition to the United States.
The WikiLeaks founder is trying to avoid being prosecuted in the US on espionage charges relating to the publication of thousands of classified and diplomatic documents on the Afghanistan and Iraq wars.
In February, lawyers for the 52-year-old asked permission to challenge a previous judge’s dismissal of his case to prevent his extradition.
Dame Victoria Sharp and Justice Johnson dismissed most of Assange’s legal arguments - however said that unless "satisfactory" assurances were given by the US, he would be able to bring an appeal on three grounds.
Julian Assange wins High Court bid to appeal against extradition to USPAThe assurances were that the WikiLeaks founder would be allowed to rely on the First Amendment's commitment to protecting free speech, that he is not "prejudiced at trial" due to his nationality, and that the death penalty would not be imposed.
And at a hearing on Monday, the two judges gave him permission to appeal over the freedom of speech and nationality points.
His team claim that the Australian-born Assange could face up to 175 years in prison if he is convicted of publishing the leaked documents and argues that prosecuting him would be an act of "state retaliation" for his political views.
Dozens of supporters gathered outside the Royal Courts of Justice ahead of the hearing. His lawyers hugged each other after the ruling.
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A supporter of Julian Assange outside the Royal Courts of Justice in London, ahead of the latest stage of his US extradition legal battle
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Assange will now have several months to prepare his appeal which will focus on whether or not the US courts will protect his right to free speech as an Australian citizen.
Edward Fitzgerald KC, representing Assange, slammed the assurances of Joe Biden's US administration at the hearing. He said: "Based on the principle of the separation of powers, the US court can and will apply US law, whatever the executive may say or do."
He said that most of the promises were "blatantly inadequate" - however, agreed on the assurance about the death penalty.
The barrister said while the assurance over the death penalty was "an unambiguous executive promise", the other promise does not give "any reliable promise as to future action".
They added: "What needs to be conclusively removed is the risk that he will be prevented from relying on the First Amendment on grounds of nationality."
However, James Lewis KC, speaking on behalf of the US government, said that the "judicial branch of the United States will take due notice of this solemn assurance given by its government in the course of international relations".
Assange will now have several months to prepare his appeal
PA
In 2010, WikiLeaks rose to prominence after it released a video of a US military helicopter which showed civilians being killed in the Iraqi capital Baghdad.
It also released more than 90,000 classified US military documents on the war in Afghanistan and about 400,000 secured US files on the Iraq war.
The leaks have been described as "the largest security breaches of their kind in US military history".
In 2019, the US Department of Justice described the leaks as "one of the largest compromises of classified information in the history of the United States".
Simon Crowther, a legal adviser at Amnesty International, said: "The High Court’s decision is a rare piece of positive news for Julian Assange and all defenders of press freedom.
"The High Court has rightly concluded that – if extradited to the USA, Assange will be at risk of serious abuse, including prolonged solitary confinement, which would violate the prohibition on torture or other ill-treatment."
