'Don't let Gary go' American Civil Liberties Union joins calls to stop unfair extradition

ACLU writes to the Foreign Secretary criticising extradition treaty between UK and US

(London – 27 August 2009) – The American Civil Liberties Union today wrote to the David Miliband expressing their concern about extradition arrangements between Britain and America. In a letter from the Executive Director Anthony Romero to the Foreign Secretary, the civil liberties group state:

“…that all people facing extradition either to or from the US should only be sent to face trial in a foreign country after there has been meaningful judicial review”

The ACLU support for Gary McKinnon comes on the same day that Liberty staged a protest outside the American Embassy and presented the new American Ambassador with a hamper welcoming him to his new role. The hamper contained a letter from Shami Chakrabarti, director of Liberty, the ACLU letter, ‘don’t let Gary go’ paper planes from the protest, a copy of the Magna Carta and the Human Rights Act as well as produce representing the countries of the United Kingdom.

Shami Chakrabarti, Director of Liberty said:

“"The intervention of Liberty's sister, the American Civil Liberties Union, proves that Britain's Extradition Act is an international embarrassment. Vulnerable people like Gary McKinnon can be bundled off to other countries when they ought to be dealt with at home.

Janice Sharp's campaign for fairness for her son Gary has touched the hearts of parents everywhere. If Parliament doesn't amend Britain's rotten Extradition Act to put discretion and common sense back into the system, other vulnerable sons and daughters are bound to suffer."

Liberty, who campaign against unfair extradition in all its forms, argues that where conduct constituting a crime occurs in the UK then a British court should be allowed to refuse extradition if it’s in the interests of justice to do so. Liberty also holds that the requesting country should have to make out the case for extradition in a British court before the request is granted.

Renewed call to scrap arrest warrant

The miscarriage of justice suffered by 20-year-old Andrew Symeou, from London, has led the UK Independence Party to reapeat its call to scrap European Arrest Warrants.

UKIP Leader Nigel Farage said: "That Andrew Symeou is confined to a tiny, flea-ridden cell with five other prisoners in a Greek prison is a disgrace.

"The interview with his father Frank, in the Sunday Times, made for harrowing reading . His situation is not only horrendous, it was completely avoidable.

"And although there are serious questions about the quality of police evidence against Andrew, the blame for his predicament rests fully on the shoulders of Gordon Brown and his Government who meekly adopted the EU arrest warrant system, or as I like to call it, 'Extradition for Dummies'.

"In a bid to play 'Good Europeans', the Labour Government has signed up to a fast-track extradition system that puts the EU interests first and the rights of all citizens a distant second.

"Under this system, the police of any EU member country simply take whatever flimsy case they have to a local court, ask the magistrate to sign his approval and a warrant for arrest of the individual is issued, despite the fact that he or she may be the national of another country.

"Without any rigorous checking of the facts in the case, and with pressure on police to put someone in the frame for a serious offence, we end up with innocent men like Andrew Symeou summarily extradited and held indeterminately until the Greek court system gets round to dealing with him.

"It is not only a gross miscarriage of justice, it is a gross infringement on his rights as a British citizen. We need to abandon this ridiculous European Arrest Warrant system immediately and UKIP will continue to push the UK government to do so."

Symeou was extradited from the UK to Greece last week to face a murder charge following the death of a 18-year-old Jonathan Hiles in a Zante nightclub in 2007.

US government security chimps are just as bad as UK legal chimps

When I was a law student, I remember reading cases about the Human Rights Act 1998 about drug dealers, terrorists, criminals and general undesirables who managed to manoeuvre behind New Labour’s delivered promise to ‘Bring rights home’. Most of these cases were about foreign nationals or immigrants seeking to block extradition for crimes in their countries of origin.

Extradition in these cases was always blocked because there was a possibility however slight that they may have had it worse if returned to their countries of origin than they would in the UK. Torture was always a favourite and still remains so even if we have treaties in place with countries not to torture returned prisoners. Illness is always another good excuse to remain in the UK. If the treatment a person is likely to receive in their country of origin is wore than the treatment they are likely to receive here then again we will keep them. Capital punishment is another bar on extradition.

The common thread however it seems is that if you are not born in this country and you are a criminal then you can remain in this country especially if you are ill if you are shrewd enough to invoke the Human Rights Act 1998.

What seems to be a bit unfair is that our own home grown nationals are not afforded the same luxury.

Gary McKinnon who suffers from Asperger’s disease, a clinically recognised psychological disorder, has been accused of hacking into US military Networks including the Pentagon. The US government is adamant that it wants to prosecute him for it.

I find it incredible that we are allowing this travesty to continue.

Firstly this is a man who is in obvious need of protection. He is not a murderer. He is not a terrorist. He is not a drug dealer or any other type of criminal really. His only crime is that he is brighter than the United States of America and all of its technology and cash!!!

If the US think it necessary to extradite this fellow and make him stand trial despite his psychological condition then we should have the courage to say no.

The fact is that the US is embarrassed. Like they were when 9/11 happened. They are too arrogant to consider the possibility that anyone could be able to infiltrate their security. They cannot prosecute the majority of the thousands of people who violate its borders every year. They have been unable to find anyone to blame for 9/11.

In this instance, one man with a psychological illness and a PC in his bedroom has infiltrated their military IT systems and because they are able to trace him, they want to throw the book at him. Not only that but they have undoubtedly applied political pressure at the highest level or the fact that this man is even being considered for extradition in these circumstances should not even be in question.

Time to stick up for our own. Time to stick up for the innocent. Time to tell the US to bugger off and question the chaps who are costing them millions of dollars every year to protect their national security before they start picking on those who exposed their weakness.

Liberty condemns High Court extradition decision

Human rights group Liberty today condemned the High Court decision that Gary McKinnon’s extradition must go ahead. Gary McKinnon, who has Asperger’s syndrome, has been charged with hacking into the US Pentagon and NASA systems between 1999 and 2002, an offence which was committed from his computer at home in London.

Liberty argues that where conduct constituting a crime occurs in the UK then a British court should be allowed to refuse extradition if it is in the interests of justice to do so. Liberty also holds that the requesting country should have to make out the case for extradition in a British court before the request is granted.

Isabella Sankey, Director of Policy for Liberty, said:

“Today’s court decision demonstrates the disgrace that is Britain’s extradition arrangements that allow vulnerable people to be shipped off around the world when they should be tried here at home. Our judges’ hands have been tied by rotten legislation that should now be overhauled by Parliament without delay.”

Grayling says McKinnon extradition is "very disappointing"

Chris Grayling has described the news that Gary McKinnon has lost his appeal against extradition as “very disappointing”.

American authorities want to try the British citizen, who suffers from Asperger's Syndrome, for hacking into US military and Nasa computers in 2001/02.

Chris, the Shadow Home Secretary said, “People are right to be extremely concerned about our extradition arrangements.”

“This is a case where there is a clear argument for it to be tried in this country, and our system should take health issues into account before considering deportation. I hope lessons will be learned.”

David Cameron said he was "deeply saddened and disappointed" by the decision:

"Gary McKinnon is a vulnerable young man and I see no compassion in sending him thousands of miles away from his home and loved ones to face trial."

"If he has questions to answer, there is a clear argument to be made that he should answer them in a British court. This case raises serious questions about the workings of the Extradition Act, which should be reviewed.”

Liberty welcomes amendment to make extradition fairer

(London, 18 May 2009) Human rights group Liberty today welcomed an amendment laid by the Conservatives to the Policing and Crime Bill which would make the extradition process fairer. The amendment would give a judge the power to refuse extradition to another country if the crime was committed wholly or partly in the UK and it is in the interests of justice not to extradite. If this was already in force, in the case of Gary McKinnon it would mean that a UK court could bar his extradition to the US as the alleged offence was committed in Britain.

Sabina Frediani, Campaigns Co-ordinator for Liberty, said:

“No one should be parceled off to Europe, the US or anywhere else in the world without good reason. If a crime is committed in the UK then a British court should be allowed to refuse extradition.

This amendment would go some way to protecting people from being hauled off to a foreign land without the bare minimum of British justice being seen to be done.”

The Policing and Crime Bill reaches report stage in the House of Commons tomorrow.

Liberty condemn High Court extradition decision

(London, 1 May 2009), Today, the High Court ruled that the extradition of Andrew Symeou must go ahead. Andrew Symeou, a young British man accused of manslaughter, is facing extradition to Greece under a European Arrest Warrant without a British court ever considering the evidence in his case.

The evidence includes statements given by two of his friends while under duress from Greek police officers who reportedly beat them and withheld food and drink - statements which were immediately retracted after the two were released. There are also strong indications that Zante police officers falsified evidence, and witness reports that Andrew was not at the club until 3 hours later have been ignored.

Sabina Frediani, Campaigns Co-ordinator for Liberty, said;

“This alarming case highlights the dangers of summary extradition. No one should be sent anywhere, be it Europe, the US or elsewhere, without a case first being made in a local court - British justice should not be circumvented in this way. Extradition Watch, our new campaign, seeks to pressure Government to stop extradition without safeguards.”

Liberty believes a person should not be extradited to stand trial in a foreign country without evidence being presented to a British court to prove there is a prima facie case against them. If the crime is alleged to have occurred in whole or in part in the UK, then the defendant should not be extradited if a British judge considers the offence should be tried in the United Kingdom.

(SOCA) UK's first extradition from Colombia

The first Colombian national to be extradited from his home country to face trial in the UK arrived at Heathrow yesterday afternoon.

The unnamed man was escorted by officers from the Serious Organised Crime Agency who had flown to Colombia to take him into custody. He was charged at Heathrow Police Station with eleven offences of money laundering linked to drug supply in the UK and will appear at a central London court today. The case will be prosecuted by the Organised Crime Division of the Crown Prosecution Service (CPS).

This is believed to be the first time the UK's extradition treaty with Colombia, which was signed in 1888, has been used. The development follows close working between SOCA, the Colombian authorities, and the CPS, which submitted and prepared the extradition documentation.

Director General of SOCA Bill Hughes said the move marks a noteworthy development in the fight against the illegal cocaine trade.

"This extradition has been possible thanks to a new level of joint working with the authorities in Colombia, for which we thank them," he said.

"The cocaine trade devastates communities here and in Colombia, and supports other criminal activity. SOCA is working on many levels to undermine that trade and put the UK drugs market under stress. Together with partners we are intercepting more drugs before they can reach the UK. We are targeting the producers of cutting agents - the chemical cocktails that adulterate street level drugs and increase profits but also risks to the health of users. We are supporting the authorities in producer countries to help frustrate drug production, and our forensic analysis is helping identify and break up distribution networks in the UK.

"This first extradition marks a significant step forward for the UK and Colombia. Together we are squeezing the traffickers from both ends of the chain. The message to criminals is that targeting the UK is a high risk business and will not be tolerated."