Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Please reword and summarize the following: On behalf of Mr. Assange, Mark Summers QC argued that the District Judge's finding that extradition would be oppressive

Please reword and summarize the following:

 On behalf of Mr. Assange, Mark Summers QC argued that the District Judge's finding that extradition would be oppressive was not specifically related to the prospect that Mr. Assange would be subject to SAMs and/or detention at ADX, and therefore the proposed assurances would not alter her decision. Second, that assurances offered by the USA at a 'late stage' in the proceedings were an attempt by the USA to change their case and were too late. Third, that the assurances offered were 'conditional, qualified and aspirational', and left open the possibility that Mr. Assange would be subject to SAMs and/or detention at ADX. Fourth, even if the assurances were effective to remove any possibility of Mr. Assange being subject to SAMs and/or detention, there remained a substantial risk that he would be subject to other restrictive forms of detention, exacerbating his condition and leading to his suicide. Lastly, even if the assurances excluded any substantial risk of detention, the assurances themselves were to be doubted.

Giving the judgment, the Lord Chief Justice, Lord Burnett of Maldon ('the LCJ') rejected all five submissions. The LCJ held that, regardless of the late stage at which the assurances had been made, the High Court had the power to consider them whenever they were made by a Requesting State, and furthermore, had the District Judge offered the USA the opportunity to consider providing assurances before the discharge of Mr. Assange, the USA would have offered them.

Step by Step Solution

3.45 Rating (171 Votes )

There are 3 Steps involved in it

Step: 1

Mark Summers QC argued on behalf of Mr Assange that the District Judges ruling on extradition being oppressive didnt hinge specifically on the possibility of certain conditions in US detention Therefore proposed assurances from the USA wouldnt change her decision Additionally Summers contended that the assurances came too late and were vague leaving room for Mr Assange to still face harsh detention Despite these arguments the Lord Chief Justice Lord Burnett of Maldon dismissed all five points He stated that the timing of the assurances didnt matter and the court could consider them at any stage He also believed that had the District Judge ... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Smith and Roberson Business Law

Authors: Richard A. Mann, Barry S. Roberts

15th Edition

1285141903, 1285141903, 9781285141909, 978-0538473637

More Books

Students also viewed these Law questions

Question

Describe the components of identity.

Answered: 1 week ago

Question

A clubs general manager performs what types of duties? AppendixLO1

Answered: 1 week ago