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Assurances on hacker’s welfare

Gary McKinnon

The government has promised to help ensure the welfare of a computer hacker with a form of autism who faces extradition to the US to stand trial.

Gary McKinnon, 43, who has Asperger’s Syndrome, is accused of the biggest ever military computer hack in 2001/02.

Labour’s deputy leader Harriet Harman told the BBC it would be illegal to intervene over his extradition.

But the government would push for him to serve any prison sentence in the UK if he was convicted, she said.

‘Very difficult’

Ms Harman said: "There certainly have been assurances sought and given that if, and when, the extradition takes place… his health needs will be attended to."

Mr McKinnon, from north London, and his supporters have argued he should not be extradited because of his disorder – a form of autism. He maintains he was only ever seeking UFO evidence.

Home Secretary Alan Johnson has said he would be breaking the law if he blocked hacker Gary McKinnon’s extradition.

Mr Johnson’s predecessor Jacqui Smith formally gave the go ahead for Mr McKinnon’s extradition in October 2008.

He said after a court rules there is enough evidence, a home secretary can prevent an extradition only in very specific circumstances, none of which applied in Mr McKinnon’s case.

In his article, the home secretary acknowledged it was "understandable" that many would be sympathetic to "someone who appears to be a misguided, vulnerable young man".

But Mr Johnson added "the crimes he is accused of are far from trivial" and said Mr McKinnon "should be tried fairly for them in a court of law and in the country where the impact of those crimes were felt".

"The crimes he is accused of are far from trivial"

Alan Johnson
Home Secretary

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Gary McKinnon profile

The home secretary also denied extradition law was wrong, arguing it was appropriate for "an age where crime is increasingly indifferent to national borders".

Glasgow-born Mr McKinnon could face 60 years or more in prison if convicted in the US.

He admits hacking by accessing 97 government computers belonging to organisations such as the US Navy and Nasa, but denies it was malicious. He also denies the allegation he caused damage costing $800,000 (£487,000).

Mr McKinnon has always insisted he was looking for classified documents on UFOs, which he believed the US authorities had suppressed.

He has challenged refusals by the home secretary and the director of public prosecutions (DPP) to try him in the UK.

US-UK EXTRADITION TREATY

  • 2003 treaty, agreed in aftermath of 9/11 attacks
  • Offence must be punishable by one year or more in jail in both countries
  • US has to prove "reasonable suspicion" for extradition of a British citizen
  • To extradite an American from the US, British must prove "probable cause"
  • Since 2004, 46 people have been sent from the UK to the US for trial, and 27 from the US to the UK

But the DPP refused to order a UK trial, saying the bulk of the evidence was located in the US and Mr McKinnon’s actions were directed against the US military infrastructure.She also said it was not the place of ministers to intervene in the justice system.

And two judges rejected his court bid to avoid extradition, ruling that it was "a lawful and proportionate response" to his offence, even though they conceded he might find extradition and prison in the US "very difficult indeed".

Mr McKinnon has already appealed unsuccessfully to the House of Lords and the European Court of Human Rights.

But the case has led to a political row, with Tory leader David Cameron saying it raised "serious questions" about the extradition pact between the US and UK.

Liberal Democrat home affairs spokesman Chris Huhne has argued the American government would not "hang one of their citizens out to dry in the same way".

A letter has been sent to US President Obama signed by 40 British MPs asking him to step in and "bring this shameful episode to an end".

Mr McKinnon’s mother, Janis Sharp, has also called on the president to intervene.


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

Hacker mother appeals to Obama

The mother of a British computer hacker facing extradition to the US has appealed to President Barack Obama to intervene in the affair.

Janis Sharp spoke after her son, Gary McKinnon, who has Asperger’s Syndrome, lost a court bid to avoid extradition.

The US wants to try him for what it calls the biggest military computer hack ever, in 2001 and 2002, but he says he was seeking evidence on UFOs.

Ms Sharp said: "Please hear us, Obama. I know you would do the right thing."

A letter has been sent to the US president signed by 40 British MPs asking him to step in and "bring this shameful episode to an end".

Speaking outside the court Ms Sharp said President Obama should help those campaigning on her 43-year-old son’s behalf make the world "a more compassionate place".

"Obama wouldn’t have this. He doesn’t want the first guy extradited for computer misuse to be a guy with Asperger’s [Syndrome], a UFO guy.

"My predecessor has already sought and received clear assurances from the US that Mr McKinnon’s health and welfare needs would be met, should he be extradited"

Alan Johnson, Home Secretary

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Gary McKinnon profile

"I’m just praying, please hear us, Obama, because I know you would do the right thing," she added.

Mr McKinnon admits hacking by accessing 97 government computers belonging to organisations such as the US Navy and Nasa, but denies it was malicious. He also denies the allegation he caused damage costing $800,000 (£487,000).

Whether or not he can appeal to the new UK Supreme Court – due to launch in October – will be decided later, Lord Justice Burnton said.

Glasgow-born Mr McKinnon had challenged refusals by the home secretary and the director of public prosecutions (DPP) to try him in the UK.

The home secretary insists he has no power to demand the trial take place in the UK.

The DPP refused to order a UK trial, saying the bulk of the evidence was located in the US and Mr McKinnon’s actions were directed against the US military infrastructure.

Gary McKinnon

The court was also asked to rule on whether his Asperger’s Syndrome – a form of autism – meant he could not be extradited to the US.

Mr McKinnon’s lawyers argued extradition was "unnecessary, avoidable and disproportionate" and had not taken place in other cases.

Home Secretary Alan Johnson said: "Mr McKinnon is accused of serious crimes and the US has a lawful right to seek his extradition, as we do when we wish to prosecute people who break our laws.

"The court judgement has also made absolutely clear that the DPP’s decision not to prosecute in the UK was the right one.

"My predecessor has already sought and received clear assurances from the US that Mr McKinnon’s health and welfare needs would be met, should he be extradited."

Mr McKinnon faces up to 70 years in prison if convicted in the US.

He has always insisted he was looking for classified documents on UFOs which he believed the US authorities had suppressed.

Ms Sharp said her son – who did not attend court on Friday – had been "naive enough to admit to computer misuse without having a lawyer and without one being present".

US-UK EXTRADITION TREATY

  • 2003 treaty, agreed in aftermath of 9/11 attacks
  • Offence must be punishable by one year or more in jail in both countries
  • US has to prove "reasonable suspicion" for extradition of a British citizen
  • To extradite an American from the US, British must prove "probable cause"
  • Since 2004, 56 people have been sent from the UK to the US for trial, and 26 for US to UK
  • US courts have granted about 70% of UK extradition requests, while nearly 90% of US requests have been granted

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She said she was "heartbroken" and feared for his health.

"He’s very ill, he’s got really bad chest pains, it’s affected him emotionally, mentally, every way, he’s terrified," she said.

In a statement, his lawyer Karen Todner, asked: "What does it take to make this government sit up and listen to the clear public view that Gary McKinnon should not be extradited

"The extradition treaty with America was brought in to facilitate the extradition of terrorists and it must be clear to anyone following this case that [he] is no terrorist."

She added that he was "clearly not equipped" to deal with the American penal system.

In February the Crown Prosecution Service refused to bring charges against Mr McKinnon in the UK, following a ruling by former Home Secretary Jacqui Smith to allow his extradition.

Mr McKinnon has already appealed unsuccessfully to the House of Lords and the European Court of Human Rights and his latest judicial reviews in the High Court are likely to be his last chance.

His lawyers say the authorities have not given proper consideration to his Asperger’s Syndrome, which could have "disastrous consequences" – including suicide – if he was to be extradited.

Asperger’s Syndrome sufferers commonly become obsessed with certain activities and interests and have a level of social naivety when it comes to evaluating the consequences of their actions. </p


This article is from the BBC News website. © British Broadcasting Corporation, The BBC is not responsible for the content of external internet sites.

Tories to force Commons vote on hacker case

Shadow home secretary says he hopes MPs will send a message to the government that hacker should be tried in UK not US

The Conservatives will today use a Commons vote to signal their opposition to the proposal to extradite Gary McKinnon to the US to face trial for hacking into American military computers.

Chris Grayling, the shadow home secretary, said he hoped MPs would “send a message” to the government that McKinnon, who has Asperger’s syndrome, ought to be put on trial in the UK and not in the US, where he faces a sentence of up to 60 years.

McKinnon is still using the courts to try to block his extradition and MPs will not vote directly on his case. But the Tories have tabled a motion expressing “very great concern” about the way the extradition system is working and calling for the Extradition Act 2003 to be reformed “at the earliest opportunity”.

The Tories are hoping that the Liberal Democrats and some Labour MPs will support them when the Commons votes on the motion this afternoon.

Ministers claim that the act, which affects extradition between the UK and the US, has benefited both countries and that the government does not have the power to stop McKinnon being sent to face trial in the US.

McKinnon, who is being backed by a high-profile Daily Mail campaign, yesterday asked the high court to overturn the refusal of Keir Starmer, the director of public prosecutions, to put him on trial in the UK on charges of computer misuse. If there were no UK prosecution, McKinnon would inevitably be extradited to stand trial in the US, the judges heard.

The court reserved judgment and said it hoped to give a decision in writing by the end of July.

McKinnon has admitted computer hacking and leaving a message in US military systems saying “I will continue to disrupt”, but his lawyers said his intention was only to cause “temporary impairment”, not lasting damage to the system.

They argue that his extradition would lead to “disastrous consequences”, including possible psychosis and suicide, because of his medical condition, which is on the autistic spectrum.

This morning Grayling told BBC Radio 4′s Today programme: “People on the autistic spectrum find it very difficult to deal with a big change in surroundings. To extradite somebody in that position to the US to a strange environment is undoubtedly going to cause health issues for Gary McKinnon. In the past, where there have been similar cases, we have seen trials take place in the UK.

“There is no doubt that an offence has been committed; Gary McKinnon has admitted that. But why on earth is this trial not taking place in the UK?

“I hope the House of Commons will send a message to the government that really this is not what the extradition system is supposed to do. These new rules were set up for very serious offences, for terror offences. I don’t believe parliament ever intended them to be used to extradite somebody with autism issues to face a charge like this.

“There are some suggestions that the home secretary has more powers to intervene than have so far been used.”

But the Home Office dismissed this claim. It said that the home secretary did not have the power to block McKinnon’s extradition.

“The case of Gary McKinnon remains before the courts. As such it would not be appropriate for us to comment on it in detail, except to say that this case has been subjected to the closest attention and to the greatest possible procedural fairness. The home secretary [then Jacqui Smith] gave very careful consideration before deciding in July 2006 to order extradition,” the statement said.

“It is important to be clear that, under the terms of the Extradition Act 2003, the home secretary must order extradition unless certain limited conditions are met. The courts have already said that those conditions are not met in Mr McKinnon’s case; and his attempts to defeat the US request have since been dismissed by the high court, the House of Lords and the European court of human rights.

“The information that must be provided by both the United States and the United Kingdom is effectively the same. The United Kingdom must demonstrate ‘probable cause’ to the United States courts, while the United States must demonstrate ‘reasonable suspicion’ to ours.

“Extradition is a key crime-fighting measure in our increasingly globalised world and, within what the law permits, we give maximum assistance to all of our extradition partners.”

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