The Case of Gary McKinnon

[Helen Reyes]

That lady is Margaret Thatcher who, when in power, thought she was Her Royal Highness...

Ah right. Who was the female monarch who wore a white death masque constantly and bathed annually? Elizabeth I?

[David Guyatt]

Good news. Maybe. At lest there is a recognition that "serious"... "inequalities" exist in the US UK extradition agreement.

But will Parliament have the clout to reign in Downing Street (assuming they really want to and are not just talking the talk?

http://news.bbc.co.uk/1/hi/uk/8357417.stm

MPs want hacker transfer halted



The extradition to the US of computer hacker Gary McKinnon should be halted owing to his "precarious state of mental health", MPs say.

The Home Affairs Committee also said there was a "serious lack of equality" in US-UK extradition arrangements.

But the Home Office said there was "no imbalance" and no need for a review.

Mr McKinnon, who has Asperger's syndrome, is accused of breaking into the US military computer system but says he was just seeking UFO evidence.

The Glasgow-born 43-year-old, now of Wood Green, north London, faces 60 years in prison if convicted in the US.

'Lack of equality'

The Commons committee is conducting an inquiry into the US-UK extradition treaty, which critics say does not treat American and British citizens equally.

A letter, from committee chairman Keith Vaz to Home Secretary Alan Johnson, said the MPs had received "clear, legal opinion" from two lawyers that the home secretary had greater scope to exercise his discretion in Mr McKinnon's case than the minister believed.

The letter urged Mr Johnson to "comprehensively review" the operation of US-UK extraditions and "exercise your discretion in this case".

There was a "serious lack of equality" in the way the extradition treaty deals with UK citizens compared with US citizens, the letter added.

But in response, a Home Office statement said: "There is no imbalance in the extradition arrangements between the UK and the US.

“ At this stage in the case the sole issue is whether extradition would, or would not, breach Mr McKinnon's human rights ”
Home Office statement
"As the home secretary told the Home Affairs Select Committee on Tuesday, the evidence that must be provided for a US extradition request to proceed in the UK is in practice the same as for a UK request to proceed in the US."

It added: "The suggestion that the operation of the Extradition Act needs to be reviewed comprehensively is unnecessary."

The home secretary is in the process of looking at new medical evidence on Mr McKinnon, which Mr Johnson has said he will consider "very carefully" before approving extradition.

He has also said he wants to give Mr McKinnon's lawyers time to examine medical reports and make legal representations to the European Court of Human Rights in Strasbourg.

But the Home Office statement pointed out that the home secretary had "no general discretion to refuse extradition".

"At this stage in the case the sole issue is whether extradition would, or would not, breach Mr McKinnon's human rights," it said.

"Unless the evidence shows that extradition would breach the European Convention on Human Rights it would be unlawful to refuse extradition."

'Lives ruined'

Mr McKinnon's mother, Janis Sharp, has said her son "would rather be dead than extradited".

Appearing before the Home Affairs Committee earlier in the week, she said: "We were told this treaty was to be used mainly for terrorists.

"People like Gary are not terrorists. We should stand up to America and say, 'This is wrong.'

"This has ruined Gary's life. It's ruined our lives," she said.

Mr Johnson responded by insisting that the US had a "proper, mature legal system".

"It's almost as if you are talking about an enemy state," he said.

"In a world of international crime where criminals cross borders much more frequently, then you need to have proper arrangements in place.

"Extradition is not a statement of guilt or innocence. It's quite proper for the US to ask to bring over people who have committed crimes against their country."

[David Guyatt]

That lady is Margaret Thatcher who, when in power, thought she was Her Royal Highness...

Ah right. Who was the female monarch who wore a white death masque constantly and bathed annually? Elizabeth I?

Possibly Liz 1 but personally I opt for Danny La Rue OBE



But it does sound like Thatcher to be perfectly honest.

PS, apologies for not responding earlier Helen. I have only just seen this.

[Magda Hassan]

Danny La Rue was always my favorite queen of England.

On a lighter note I see some MPs have found their back bone and will try to represent their poor abused citizen, Gary McKinnon. I do hope it works out well for him in the end. He should never have been in this position in the first place.

[David Guyatt]

THe impression I have is that pubic opinion is outraged about this case (I certainly am anyway). In light of this and with a General Election on the near horizon the Home Secretary's decision not to take a stand is, imo, extraordinary.

Might it be, I wonder, a message of fear that the government are committed to sending to the public? Anyone who fucks with Uncle will be punished by Uncle. I can see the Bush Administration adhering to this revengeful line of reasoning but that it continues to extend into the Obama Administration unchanged, suggests that greater forces are at play here. Possibly the military intelligence community?

http://news.bbc.co.uk/1/hi/uk/8382066.stm

Hacker to appeal over extradition



The "devastated" lawyers for computer hacker Gary McKinnon are to challenge the home secretary's decision not to block his extradition to the US.

They said they would make a last-ditch attempt after Alan Johnson said medical grounds could not prevent it.

Glasgow-born Mr McKinnon, 43, who has Asperger's syndrome, is accused of breaking into US military computers. He says he was seeking UFO evidence.

Now of Wood Green, London, he faces up to 60 years in prison if convicted.

'American poodle'

His lawyer, Karen Todner, said: "It's a devastating blow but we are not going to give up. We are certainly coming to the end of the road.

"We're just hoping at some point someone sees sense and steps in. All the legal team do know is we cannot give up because in some ways it's like dealing with a death row case, and we genuinely believe that Gary's life is at stake here."

She said she would issue judicial review proceedings next week - a process she said she was given just seven days to complete, rather than the more normal three months.

If that failed, they would take the case to the European Court of Human Rights, she added.

Mr Johnson said he had carefully considered the representations but concluded that sending Mr McKinnon to the US would not breach his human rights.

"Due to legitimate concerns over Mr McKinnon's health, we have sought and received assurances from the United States authorities that his needs will be met," he said.

But Ms Todner said he had gone against independent legal advice which said he could have used his discretion.

Mr McKinnon admits hacking into 97 US government computers, including Nasa's and the Pentagon's, during 2001 and 2002.

“ The shoddy treatment of this vulnerable man should demonstrate that our rotten extradition laws need urgent reform ”

Shami Chakrabarti Liberty
He has told the BBC he was on a "moral crusade" to prove US intelligence had found an alien craft run on clean fuel.

His mother, Janis Sharp, told the BBC she was "devastated" by the news and that her son, who has a form of autism, had reacted "very badly".

"It's a disgusting decision. Gary has been in a heightened state of terror for almost eight years.

"To force a peaceful, vulnerable, misguided UFO fanatic like Gary thousands of miles away from his much-needed support network is barbaric," she said.

She said she was not comforted by the home secretary's advice that her son would not be held in a "supermax" jail, which hold the highest-security prisoners.

Extradition treaty

Liberal Democrat home affairs spokesman Chris Huhne said it was appalling the government placed a higher value on a "deeply unfair" extradition agreement than on the welfare of a British citizen.

"The home secretary should stop being an American poodle and start being a British bulldog," he said.

And Shami Chakrabarti, director of Liberty, said: "The shoddy treatment of this vulnerable man should demonstrate that our rotten extradition laws need urgent reform."

Mr Johnson had last month agreed to study new medical evidence before deciding on the extradition. The High Court had previously refused permission to appeal to the Supreme Court.

Mr McKinnon has been the focus of a campaign to prevent his removal to the US.

Earlier this month, the Commons' Home Affairs Committee said the move should be halted owing to his "precarious state of mental health".

They concluded there was a "serious lack of equality" in the way the extradition treaty deals with UK citizens compared with US citizens.