Extradition

Ian Duncan Burnett, the most powerful judge in England and Wales, will join Lord Justice Timothy Holroyde on the bench next week for the two-day U.S. appeal in the extradition case of WikiLeaks publisher Julian Assange at the High Court in London, according to a spokesman at the Royal Courts of Justice. Burnett, known as Baron Burnett of Maldon, was the High Court justice who on humanitarian grounds overturned a lower court ruling that British activist Lauri Love should be extradited to the United States.  Burnett ruled in February 2018 that Love’s extradition would be “oppressive by reason of his physical and mental condition.” Burnett and Mr. Justice Duncan Ouseley said in their decision that, “We accept that the evidence shows that the fact of extradition would bring on severe depression, and that Mr. Love would probably be determined to commit suicide, here or in America.”

Lord Justice Timothy Holroyde, the High Court judge who reversed an earlier court order to bar the U.S. from appealing Julian Assange’s medical issues, will preside over the substantive U.S. appeal hearing at the High Court next week. In January, lower court Judge Vanessa Baraitser refused the U.S. request to extradite the WikiLeaks publisher because of his high risk of suicide and the conditions of U.S. prisons. The U.S. applied to appeal that decision, which was granted by the High Court in July. The court allowed three of five grounds of appeal, excluding the matter of Assange’s health. The U.S. challenged that ruling and in an Aug. 11 High Court hearing, Holroyde overturned the earlier court decision, siding with the U.S. argument that Baraitser’s finding on Assange’s health could be appealed.