Thread by @jamesdoleman

In court for the Latest Julian #Assange extradition hearing.
Now awaiting the judges.
Mr Assange is appearing via video link from Belmarsh prison.

Defence have just told the court Mr Assange has asked to be excused from appearing on the video link.

Judges enter, defence say Mr Assange has been taking new medication so does not feel well enough to appear by video link.

On the benches

Clair Dobbin for the US Government
James Lewis QC for US Government
Edward Fitzgerald QC for Mr Assange
Mark Summers QC for Mr Assange

Mr Lewis rises to begin the submissions of the US government.
Says hearing will take two days.
#Assange

The QC tells the court that in his view the district judge who refused extradition was "wrong," in her interpretation of the terms of extradition act

Lewis says the court has the power to "remit," the extradition refusal sending it back to the district judge.
He is now going over various precedents that he says permits this.
#Assange

Lewis says the US government has offered "diplomatic assurances," on how Mr #Assange will be treated if he is extradited.

Counsel says the US government has made binding assurances on #Assange's treatment that they guarantee will be followed.

Lewis argues that the prison regime Mr Assange might face in the US is not a breach of article 3 of the European Convention of Human rights.

Lewis says that the defence's arguments concerning pre and post-trial detention are specific to ADX Florence "supermax," prison and "Special administrative measures," not the whole US prison system.
#Assange

(Mr #Assange has appeared on the video link from Belmarsh)

Lewis is now going over the district court judgment to emphasize hs point that it is based on #Assange being held at a Supermax prison under special measures.

The QC says the US assurances that #Assange will be repatriated to Australia to serve any sentence he gets from the US courts means that the court should ignore evidence about US Supermax prison conditions as it is not relevant.

Lewis: ""Your lordships will know very strong part of extradition law, that assurances are given and that they are trusted."

Lewis , "solitary confinement on its own is not a breach (of article 3 of the ECHR)

Lewis says the actions of a "few rogue," prison staff should not be a reason to deny extradition.

He also says that pre-trial #Assange would not be held in solitary confinement as he could meet with his lawyers as often as he wanted

Lewis, "He'll have a cellmate, you can't call it solitary confinement if he has a cellmate."

#Assange

Lewis says #Assange can apply for a "speedy trial," in the US if he is extradited which means his case could be heard within 70 days.

Lewis says there has never been a breach of any assurance made by the US government to the UK over extradition requests.

Lewis admits that it is still possible #Assange could face "Special Administrative measures," if he breached US national security.
"We can't give him a blank cheque," he says.

Lewis moves on to his next point, a challenge to the District Court Judge's interpretation of section 91 of the extradition act.
#Assange

(background on "Special Administrative measures)

assangecourt.report/september-29-a…

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Lewis says that #Assange would face a whole life sentence saying that the usual sentence was "a small number of years."

Mr Lewis is now going through various precedents on the evaluation of psychiatric evidence in relation to extradition.

The QC for the US government, James Lewis QC, tells the court that the US prison system has a lower rate of suicide per inmate than the prison estate of England and Wales.
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Lewis "No person extradited from the UK to the US has ever committed suicide, that's a fact."

Lewis says to not allow this appeal would "hand a trump card," to anyone facing deportation as it would "set a threshold no state could ever meet."
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The QC says the district judge has "rewarded #Assange for taking flight."

Court rises for lunch, back at 2pm

#Assange