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Frank Augstein / AP
WikiLeaks founder Julian Assange faces espionage charges in the United States for the site’s publication of classified US military documents a decade ago. (File photo)
A British judge rejected the US request to extradite WikiLeaks founder Julian Assange to face espionage charges, saying it would be “oppressive” due to his mental health.
District Judge Vanessa Baraitser said Monday that Assange would likely kill himself if sent to the United States.
The US government said it would appeal the decision.
US prosecutors have charged Assange with 17 counts of espionage and one count of computer misuse for publishing military and diplomatic documents leaked by WikiLeaks a decade ago. The charges carry a maximum sentence of 175 years in prison.
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Lawyers for the 49-year-old Australian argue that he was acting as a journalist and is entitled to First Amendment protections of free speech for publishing leaked documents exposing US military irregularities in Iraq and Afghanistan.
The judge rejected the defense claims that Assange was protected by freedom of expression guarantees, saying that his “conduct, if proven, would amount to crimes in this jurisdiction that would not be protected by his right to freedom of expression.”
But he said Assange was suffering from clinical depression that would be compounded by the isolation he would likely face in a US prison.
The judge said Assange had the “intellect and determination” to circumvent any suicide prevention measures that authorities might take.
In final filings, Assange’s legal team accused the United States of an “extraordinary, unprecedented and politicized” prosecution that sought to “criminalize the collection and publication of information related to” national security. “
The defense argued that the extradition threatens Assange’s human rights because he risks “an extremely disproportionate sentence” and detention in “draconian and inhuman conditions” that would exacerbate his severe depression and other mental health problems.
Lawyers for the US government deny that Assange is being prosecuted simply for publishing the leaked documents, saying the case “ is largely based on his illegal involvement ” in the theft of diplomatic cables and military files by the US Army intelligence analyst.