________________________________________
Assange Trial: How US Government Is Likely Deceiving British Court To Win
Extradition
Attorney Lindsay Lewis, who represented Mostafa Kamel Mostafa in a
high-profile extradition case, warns against the U.S. government's past
"unreliable assurances."
Kevin Gosztola
Sep 29
ADX Florence in Colorado. (Photo: Bureau of Prisons)
Mostafa Kamel Mostafa, also known as Abu Hamza, was accused of terrorism
offenses and extradited to the United States from the United Kingdom in
2012. His extradition was permitted by the European Court of Human Rights
and the British courts because the U.S. government assured them Mostafa
would not be confined at a supermax prison in Florence, Colorado, for a
"lengthy indefinite period."
Yet, for the last five years, Mostafa has been housed at ADX Florence in
solitary confinement and subject to special administrative measures (SAMs).
Mostafa's attorney Lindsay Lewis maintains the U.S. government misled the
courts in order to make it seem like he would not be subject to cruel and
inhuman treatment if extradited.
Lewis testified at WikiLeaks founder Julian Assange's extradition trial on
September 29 and told the British magistrate court "the unreliable nature of
the U.S. government's assurances" should be a concern for the court and
British authorities in "determining whether to extradite" Assange to the
United States.
Assange was charged by the U.S. Justice Department with 17 counts of
violating the Espionage Act and one count of conspiracy to commit a computer
intrusion that, as alleged in the indictment, is written like an Espionage
Act offense.
The charges criminalize the act of merely receiving classified information,
as well as the publication of state secrets from the U.S. government. It
targets common practices in newsgathering, which is why the case is widely
opposed by press freedom organizations throughout the world.
During the third week of the extradition trial, the court heard evidence
about Assange's mental and physical health, including how he was diagnosed
with Asperger's syndrome and severe depression while detained at Belmarsh
prison.
Lewis drew from her experiences representing Mostafa on prison and medical
issues that could arise if Assange is brought to the U.S., convicted at
trial, and designated for SAMs at ADX Florence.
Mostafa, as Lewis detailed for the court, is "severely disabled." He is a
"double- upper-arm amputee, blind in one eye, and suffers from diabetes,
hypertension, and a skin condition," known as hyperhidrosis.
In 2007, Judge Tim Workman of the Westminster Magistrates' Court, the same
court reviewing the extradition request for Assange, ruled in favor of
Mostafa's extradition.
Workman indicated, "ADX Florence could, if "applied for a lengthy indefinite
period" result in "inhuman and degrading treatment" that violated Article 3
of the Convention Against Torture.
But Ron Wiley, who was the warden at ADX Florence, told the court it was
"highly unlikely" for someone like Mostafa with "type 2 diabetes, raised
blood pressure, psoriasis, loss of sight in one eye and bilateral amputation
of both forearms," who "required assistance with the activities of daily
living," to be placed at ADX Florence.
As Lewis noted during her testimony, Wiley stated, "If it is determined that
[Mr. Mostafa] cannot manage his activities of daily living, it is highly
unlikely that he would be placed at the ADX but, rather, at a medical
center."
That led the judge to declare, "I am satisfied that the defendant would not
be detained in these conditions [i.e., ADX] indefinitely, that his undoubted
ill health and physical disabilities would be considered, and at worst, he
would only be accommodated in these conditions [i.e., ADX] for a relatively
short period of time."
"Whilst I find these conditions offensive to my sense of propriety in
dealing with prisoners, I cannot conclude that, in the short term, the
incarceration in a supermax prison would be incompatible with his Article 3
Rights," Workman concluded.
'There Would Not Be A Risk Of Isolation'
The determination by the magistrates' court hampered Mostafa's challenge
through the rest of his appeals.
"'Unless [the] ADX Florence regime ignores [Mostafa's] medical condition and
his need for nursing assistance,' there would not be a risk of isolation
since a nursing assistant (such as the one Mr. Mostafa saw multiple times a
day while in custody in the U.K.) would be assisting in Mr. Mostafa's
activities of daily living," the High Court of Justice declared in their
rejection of his appeal, according to Lewis.
When the case came before the European Court of Human Rights (ECHR), the
Foreign and Commonwealth Office of the United Kingdom asked the human rights
court to affirm the lower courts' decision since it was unlikely Mostafa
would be detained in supermax detention. If he was detained at a supermax,
it would be "for a relatively short period, given the extent and nature" of
his "ill health and physical disabilities."
Furthermore, as outlined by Lewis, it was asserted by the FCO that he would
not be put in solitary confinement because he would need to receive care for
his disabilities. Any time he spent at ADX Florence would be "relatively
short" until a medical evaluation was completed. Then he would be
transferred to a medical center.
The ECHR accepted these assurances and rejected Mostafa's appeal.
During cross-examination, prosecutor Clair Dobbin argued multiple times that
the U.S. government never represented that Mostafa would not be sent to ADX
Florence.
Lewis rejected this argument and criticized the "rubber stamp" process that
has kept Mostafa at ADX and "lacked transparency."
After exhausting a series of requests for administrative remedies to improve
confinement conditions, Mostafa now has a case in federal court "challenging
the conditions of his confinement at ADX Florence and the SAMs that have
been imposed."
CIA's View Of Assange Would Likely Factor Into SAMs Designation
Prior to Lewis, Maureen Baird, former warden of the Metropolitan
Correctional Center in New York, testified. She oversaw SAMs detainees in
the 10 South Unit, who were confined in conditions of solitary confinement
during pretrial.
Baird was "surprised" the U.S. government has not said they do not have
plans to apply for SAMs in Assange's case. Instead, they have left the door
open, despite it being "really unusual to even make that a proposal."
While Assange was in the Ecuador embassy, it is known that he was targeted
with an espionage operation by UC Global, a Spanish security company. The
defense believes the CIA was involved in supporting the company. (Two former
UC Global employees were granted anonymity to provide testimony to the
court.)
Edward Fitzgerald, one of Assange's attorneys, asked Baird about the
procedure for determining whether Assange is placed under SAMs. She said the
attorney general would consult with the intelligence services.
The CIA, as well as the FBI and Customs and Border Protection, would provide
input, and what an agency thought about Assange would be an "important
factor."
According to the CIA, WikiLeaks is a "non-state hostile intelligence
service." Former CIA director Mike Pompeo described Assange as someone who
has "attracted a devoted following among some of [America's] most determined
enemies."
Oddly, every time a defense witness maintains Assange would be placed under
SAMs and in solitary confinement because the U.S. government would want to
restrict his communications with the outside world, the prosecution recoils.
Dobbin even questioned Baird's assertion that the U.S. Attorney's Office,
after consulting intelligence officials, would view Assange as a threat to
U.S. national security.
Lewis compared the medical care Mostafa received in the United Kingdom to
the treatment he has received in the United States. For example, Mostafa
used to receive daily nursing care four to six times a day, which does not
happen at ADX Florence.
As Fitzgerald wrapped up his questions for Lewis, he noted at Belmarsh
prison Assange is permitted to associate with prisoners. He may make regular
phone calls. He has had access to sessions with a psychiatrist.
Lewis told the court this would change for Assange if he was extradited and
confined post-trial at ADX Florence under SAMs. He would not receive
"anywhere near the same care or accommodations as he had in the U.K."
