Extradition would be an ‘unbearable ordeal’ for Assange
Julian Assange is autistic and would find extradition to the United States an ‘unbearable ordeal’, the Old Bailey heard.
The Australian, 49, is wanted in the US for allegedly conspiring with army intelligence analyst Chelsea Manning to expose military secrets between January and May 2010.
Dr Quinton Deeley, a consultant psychiatrist specialising in autism, interviewed Assange for hours at maximum security HMP Belmarsh in January.
He told the court today (weds): ‘He is an intelligent person.
‘I think he has difficulty in identifying and a tendency not to describe emotions in others.
‘It is evident from our assessment of him, he has a reduced sense – in the here and now – of thoughts and feelings of others.
‘As an intelligent person he can bring himself to think about what other people think… but in a spontaneous social situation…. he can be oblivious.
‘He has very intense interests which preoccupy him.
‘His risk of suicide would be high under those circumstances [extradition].
‘It’s an outcome which he fears, which he dreads, he’s described it as contemplating a sense of horror and he has ruminates about [it] at length and that is influenced by his autistic cognitive style and becoming preoccupied with matters.
‘He has consistently maintained he would find it an unbearable ordeal.
‘Half of the completed suicides are amongst that small proportion of people in solitary confinement [where Assange is likely to be held].
‘I think [suicide] is more likely than not [should he be extradited].’
James Lewis, QC, countered claims that Assange is autistic and has ASD Asperger’s and said:
‘You’re either autistic or you’re not.’
Dr Deeley replied: ‘I think there’s a spectrum.’
The lawyer played footage from a panel discussion by the Frontline Club where Assange answered questions about the effect of WikiLeaks in August 2010.
Assange, in the same blue suit and red tie he has worn every day, sat in the dock with his glasses perched on his forehead and watched the younger version of himself on the monitor.
After the clip the lawyer pointed to the fact Assange went on ‘a question and answer program’ which ‘wasn’t rehearsed’ to undermine the doctor’s diagnosis of Asperger’s.
Dr Deeley responded: ‘I would disagree, it’s a highly structured role for which he is well versed.’
He argued Assange would have more difficulty in situations where ‘there is a quality of having to respond to an informal social interaction in which he is required to notice… and respond and modulate his behaviour accordingly.’
The lawyer claimed Assange’s family relationships contradicted the diagnosis: ‘He’s maintained many long term relationship and has fathered five children, is that not inconsistent?’
‘Did you know Julian Assange was given sole custody to his child and he brought him up?
‘No court would give custody to [someone displaying these symptoms].
Dr Deeley said: ‘I don’t accept that.
‘Someone on the autistic spectrum can manage as parents and function in everyday life independently.
Mr Lewis: ‘It doesn’t preclude it – but it’s not consistent.’
Dr Deeley: ‘He developed a small number of friendships with boys who shares his interest in computers [and could be said to be] geeky.
‘That is not inconsistent with a diagnosis.’
Mr Lewis said a symptom of autism is ‘really a lack of empathy.”
Dr Deeley: ‘Yes and a lack of reading social situations appropriately.’
Mr Lewis: ‘His father said he was good company, good sense of humour… wanted to be admired and feted.
‘His partner said he could turn the charm on… he could entertain people… he could do banter.
‘His mother said he has a wonderful sense of humour… he is an extraordinarily selfless father.
‘That last comment – an extraordinarily selfless father – that alone is very inconsistent with someone who is on the autistic spectrum.’
Dr Deeley: ‘No because a person on the autistic spectrum can be dutiful but it doesn’t necessarily mean they have an acute or nuanced understanding of the thoughts, feelings and perspectives.’
Dr Deeley told the court: ‘He can’t judge when someone is a friend.
‘Mr Assange identified this as a difficulty.
‘He relied on others to act as a buffer to interpret the social world and the world of other people.
‘We were watching the Australian Attorney General [on TV] smirking while talking about him [in a negative way].
‘Mr Assange thought the Attorney General liked him because he smiled.’
Speaking to Assange ‘is like talking to a Jane Austen novel,’ he said.
‘Mr Assange is speaking almost Edwardian at times. Sometimes it’s like reading a Jane Austen novel. He would pick out words and phrases out the blue but they didn’t always fit.
‘Inventing words, mispronouncing words and having to be corrected.
‘This doesn’t in itself point towards a profound impairment of speech but these are features of higher level speech function …this rather formal speech use of neologisms, specialist terminology when ordinary language would be more appropriate… is characteristic of somebody on the autistic spectrum.’
He said it was sometimes called ‘the little professor idea’.
‘His mother identified herself as someone probably on the autistic spectrum… her own mother was an intellectual who isolated herself studying Latin in her room for long periods of time.’
Speaking of their prison interviews, the doctor said: ‘He would cut people off mid-sentence. If he had a thought to say he would say it.’
Julian Assange will be extradited to a prison called ‘the clean version of hell’ and ‘unfit for human habitation’ by its former warden, the Old Bailey heard.
Prison suicide specialist Professor Seena Fazel was the first witness called by the US team seeking to extradite the Australian.
Wearing a black suit and blue tie he said: ‘It’s very important to state upfront that suicide risk changes.
‘You can talk about someone’s risk when you see them but it’s very very different to anticipate with any certainty what it will be in one months or two months particularly if their situation has changed.
‘[Assange has] a capacity to manage, self-manage his risk and that to me is not consistent with the notion his mental condition is so severe that he can’t resist suicide.’
Prof Fazel agreed with Mr Fitzgerald’s assertion that Dr Deeley had not ‘got it wrong’ in diagnosing Assange as a high suicide risk.
Mr Fitzgerald continued: ‘Knowing what we know about Mr Assange, his condition was worse when in isolation and got better after. Would you accept for him to be in isolation would exacerbate his conditions?’
Prof Fazel: ‘I would want to know what the conditions are, access to family.’
Mr Fitzgerald: ‘Let us posit the conditions of Special Administrative Measures.
‘In those conditions Mr Assange would not be able to associate with other prisoners, he would have very limited contact with the outside world and any phone calls he made would be monitored.
‘He has bleak prospects.
‘In those circumstances would you accept there is a far higher risk of suicide?’
Prof Fazel: ‘Yes, I think the the key thing there is prospects because hopelessness… is an important aspect.
‘I would want to find out about the help available.
‘[Suicide] is even rarer in US prisons than prisons in England and Wales… it is 4-5 times higher.’
Mr Fitzgerald: ‘Have you ever visited a US prison?’
Prof Fazel: ‘Yes, twice.’
The witness added he had only been to a state prison and local jail.
Mr Fitzgerald: ‘So you’re not really familiar with federal prisons?’
Prof Fazel: ‘No, I’m not.’
Mr Fitzgerald: ‘Or Alexandria prison [where Assange would be held pre-trial]?’
Prof Fazel: ‘No.’
Mr Fitzgerald: ‘Or ADX Florence [where Assange would serve his sentence if convicted]?’
Prof Fazel: ‘No.
‘I’m superficially aware of it.’
Mr Fitzgerald: ‘You’re not being aware of it being described as the clean version of hell by the warden himself or as unfit for human habitation?’
Prof Fazel: ‘No.’
Clinical psychologist Dr Kate Humphreys assessed Assange at Belmarsh earlier in the year and concluded his mental state had deteriorated in prison.
She said in her statement read to the court by Mr Fitzgerald: ‘His education and occupational history suggests an optimal to superior or more likely very superior range.
‘His verbal memory is generally impaired… visual memory tests were low-average… spontaneous speech was slow and quiet…his comprehension was not formally assessed but appeared slow… two untimed tests were also conducted, his cognitive estimates were borderline and there were some poorly reasoned responses.
‘Mr Assange finds it difficult to sustain his attention for more than a few minutes before needing a break.
‘He performed in the impaired range at processing speed.
‘His episodic functioning was impaired or very week, he sometimes struggled to understand instructions… executive functions impaired… retention and working memory impaired… processing speed impaired.
‘It’s my opinion Mr Assange is currently functioning significantly below his optimal cognitive level.
‘He’s very slow, his attention span, memory is week or impaired.
‘It is my opinion Mr Assange’s cognitive abilities are likely to fluctuate with his mental state.’
The court heard there might not be the customary closing speeches by either side due to time limitations.
Mr Fitzgerald applied to have a month between the last witness and closing speeches but the judge suggested October 5 instead.
Mr Fitzgerald: ‘That’s the next week? I don’t think we can do justice to Mr Assange’s case.
‘We are dealing with the second superseding indictment [delivered three weeks before the hearing began].
‘My lady we have no time we are preparing witnesses for next week.
‘His [Assange] main concern will be to properly and fairly present his case to you.
‘I don’t think we can do justice on the next Monday as it were, can I discuss it with Mr Assange and make formal submissions?
‘We really didn’t envisage having to proceed straight to closing submissions so there would be real problems but I think we might be able to make better submissions this Friday or Monday.’
District Judge Vanessa Baraitser said: ‘I understand but there has been significant notice of this case which began some time ago.
‘I will hear them but please don’t work on the assumption [the submission will be successful].’
Mr Lewis said: ‘The Chief Magistrate would agree to written submissions to close [when she presided over the case earlier in the year].
‘We all have obligations so that goes in favour of written submissions.’
‘Yes,’ agreed the judge.
Mr Fitzgerald said: ‘District Judge [John] Zani has said the advantage of putting it all in writing makes you more focussed but we wouldn’t want to miss the opportunity to address you orally.’
The judge said: ‘You have already addressed us with 200 pages.’
Mr Fitzgerald: ‘But that was before the evidence.
‘What I would invite you to do is hear from us on Friday or Monday.’
The hearing continues.
mfl
ends
