Refuse this extradition
Newly released evidence of hacker Gary McKinnon's Asperger's must surely persuade parliament to protect him
- guardian.co.uk, Wednesday 16 March 2011 13.59 GMT
- Article history
Gary McKinnon with his mother, Janis Sharp, who has revealed details of his condition that may be germane to his extradition. Photograph: Linda Nylind for the Guardian
Extradition, extradition, extradition. The attention being paid to the attempts made by the Swedish government to extradite Julian Assange and what is happening to Bradley Manning in Virginia has inevitably obscured another battle being fought out behind the scenes, that of Gary McKinnon, the hacker with Asperger's syndrome who left rude messages in the Pentagon's computer system a decade ago.
Every member of both houses of parliament should by now have received a letter containing fresh details of McKinnon's medical history and that of close members of his family. The decision to make public this intimate side of his life has been taken because McKinnon's family now feel that there is a real possibility the government may bow to repeated requests from the United States and allow the extradition.
What MPs and members of the House of Lords will learn is that McKinnon's mental problems were first noted back in 1983, when he was only 17. When he was diagnosed three years ago as suffering from Asperger's syndrome, suggestions were made in some quarters that this was a convenient way for him to avoid being extradited. This new evidence – which will form part of a debate in the Lords, initiated by Lord Maginnis, on March 23 – gives the lie to that scepticism.
In the letter McKinnon's mother, Janis Sharp, writes: "On 10 February 1983 we were compelled to take my son to see a neurologist because of our grave concerns regarding the sudden deterioration in Gary's mental health and the loss of his intellectual faculties, leading us to fear that Gary may have a brain tumour." She goes on to spell out the family's painful medical history.
She had taken the decision to go public with the family's many problems because she feels that MPs and members of the House of Lords need all the ammunition available as McKinnon runs out of legal options to fight extradition.
To her credit, Theresa May, the home secretary, stayed the extradition process once the coalition government took office. She is, according to the Home Office, "looking afresh" at the medical evidence, and is asking McKinnon to submit to a further examination – which he has agreed to, provided the examiner is an expert in Asperger's syndrome.
May then has to make what may be a speedy decision as to whether allowing extradition would be a breach of McKinnon's human rights. What politicians may want to digest is the assessment made by Professor Declan Murphy – an expert in Asperger's and autism and a psychiatrist regularly used by the Home Office – that "[Gary] now has a fixed autistic-like idea, which is currently unshakable, that his best outcome is to take his own life".
Thanks to WikiLeaks, it has emerged that Gordon Brown, when prime minister, approached the US ambassador in the UK, Louis Susman, on McKinnon's behalf. Brown's reasonable suggestion – that McKinnon would plead guilty to hacking offences but would serve any sentence in the UK – was then snubbed by a secretary of state who this week has been lecturing Middle Eastern countries on tolerance and humanity.
It is perfectly possible for the United Kingdom to refuse to grant an extradition request. Life will go on. Last July Switzerland refused an American request for the extradition of the film director Roman Polanksi, who was convicted of a far more serious crime than computer hacking, and so far Hillary Clinton has not instituted a no-fly zone over Geneva.
Coincidentally, this month the National Archives released official and previously censored documents about UFOs. It was McKinnon's belief in the existence of UFOs that sent him on his weird and wonderful hacking mission through the computer systems of Nasa and the Pentagon. The Ministry of Defence documents show this was something that even quite senior government figures around the world were concerned about, although many "flying saucer" sightings have turned out to be pranks or misunderstandings.
When confidential government documents are released in 30 years, detailing discussions about a computer hacker with Asperger's syndrome who did no harm beyond embarrassment to the American military, we must hope that future generations see that our ministers stood up for decency and common sense, and did not bow to demands for an ignoble extradition.
2011-03-16
Refuse this extradition | Duncan Campbell | Comment is free | The Guardian
2010-07-16
Barack Obama blocks reform of 'one-sided' extradition treaty - Telegraph
A series of high-profile extradition attempts, including that of Gary McKinnon, the alleged computer hacker, and three NatWest bankers, have sparked public anger over the arrangements.
The Coalition is committed to reviewing the treaty and is set to appoint a high-profile figure to consider alternatives. Theresa May, the Home Secretary, has said it is still the Government's intention to review the arrangements.
However, the issue could now lead to problems in the transatlantic relationship, which is already strained following the BP oil spill.
A well-placed American Government source said: "Our position is any examination of the treaty will show that it is a balanced treaty. "The treaty does not target Britons but criminals sheltering in the UK. It is not about trying to get Britons, it is trying to get criminals, regardless of nationality. Nationality is not a factor."
The source added that if people looked at the "cold hard facts" they would conclude that the treaty did not need to be revised.
"There is a fair amount of misunderstanding," he said when asked if British ministers had unfairly criticised the treaty.
He disclosed that in the majority of cases, the treaty was used to extradite foreign nationals, particularly Americans, staying in Britain.
A spokesman for the American embassy in London said that it was an "excellent treaty".
"We think it's an excellent treaty providing equal justice for both countries," the spokesman said.
It is not thought that the British government has yet approached the Americans about renegotiating the 2003 treaty.
However, the Home Secretary said that she will push ahead with the review.
Baroness Neville-Jones, the Home Office minister in charge of security and counter terrorism, has been appointed to lead the review of the treaty.
It is understood that Lady Neville-Jones is likely to appoint a British judge or someone with a judicial background to review the controversial treaty.
But, the American position on the treaty is a setback for the Coalition.
Last year, Dominic Grieve, the Attorney General, described the extradition arrangements as a "mess" and pledged to reform the treaty.
"Our extradition laws are a mess," he said at the Conservative party's annual conference last October. "They're one sided. A Conservative government will rewrite them." Nick Clegg, the Deputy Prime Minister, previously campaigned to stop Gary McKinnon from being extradited.
The US is seeking to extradite Mr McKinnon who hacked into sensitive American computer systems. He has argued that he suffers from Asperger's syndrome and that his actions were harmless as he was attempting to find evidence of UFOs.
Last December, Mr Clegg said: "This treaty is wrong and Gary McKinnon's extradition to the USA must be stopped. The Government can change this." The British government could unilaterally alter the 2003 Extradition Act but this would be likely to antagonise the Americans.
The treaty has long-proved controversial. It was adopted by the UK in 2003 although America did not ratify the treatment until 2006 following British pressure.
It was initially intended to help deport terrorism suspects although it has been used more commonly for white-collar fraud. In some cases, the alleged crimes were committed in the UK but had ramifications in America.
Ian Norris, the former chief executive of Morgan Crucible, was extradited to America earlier this year under the treaty and is now on trial amid allegations of price fixing.
The Home Secretary has been considering whether to extradite Mr McKinnon for the past eight weeks. She said she was considering "representations" from Mr McKinnon's lawyers.
Asked by Keith Vaz, the chairman of the Home Affairs select committee, if she was being pressured by the Americans "to make this decision quickly", Mrs May said: "I am well aware about the feelings about this case from a variety of sources.
"I am also well aware that the Home Secretary has a limited, a particular role in this and it is important that I recognise the legal framework in which I am operating."