The Assange Case: Transnational Prosecution of Investigative Journalism

Abstract

This paper highlights the need to reintroduce the political offence exception to extradition in cases of non-violent crime into UK domestic law and beyond. The article examines the recent developments in the case of WikiLeaks founder Julian Assange with an emphasis on the judicial outcomes in the extradition proceedings before UK courts in matters relevant to freedom of the press. The case makes for an interesting subject because it concerns both objectively a political crime as well as arguably political persecution. The question of extradition is being played out between two closely allied countries which converge in applying their secrecy laws in an increasingly expansive manner crucially encroaching upon standard practices of national security investigative journalism. The article concludes that an introduction of the public interest or affirmative defence and the testimony of purpose into secrecy laws are essential in democratic societies. It further concludes that the evisceration of a political offence exception to extradition in non-violent crimes is a regrettable trend that should be reversed. Said exception is the single most powerful tool in extradition regulation serving to prevent political persecution and it is essential for protecting national security investigative journalists from extradition in cases such as that of Assange.