'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.

Diane Abbott MP and Liberty to hold DNA clinic in Hackney

Young people on the DNA database urged to come forward for help on removing profiles

(London – 20 August 2009) – Liberty and Diane Abbott announced today that from September they will be holding a series of DNA clinics in Hackney to help those who have had their DNA retained unfairly. The Labour MP for Hackney North and Stoke Newington and Liberty lawyers will be available to provide help and advice to those who want their DNA profiles removed from the national database.

Diane Abbott, MP for Hackney North and Stoke Newington, said:

“I am glad that Damian Green has been able to get his DNA wiped off of the database. But, as the Home Affairs Select Committee pointed out this month, black men are disproportionately represented on the database. In particular there are tens of thousands of completely innocent young people who have been stigmatised in this way. It is time that the government acted on the ECHR ruling that automatic retention of DNA is wrong. And I am looking forward to working with Liberty to make sure that young people in Hackney who are innocent of any crime can have their DNA taken off the government’s database just like Damian Green"

Liberty have dismissed new Government proposals for the DNA database as ‘inadequate’ and called for the UK to comply with last December’s European Court of Human Rights judgment and remove innocents from the DNA database.

Anna Fairclough, Legal Officer for Liberty, said:

“If Damian Green MP can have his DNA destroyed in record time, young people in Hackney should be entitled to the same. Those without a powerful voice are just as innocent, yet the police seem to find their requests for DNA destruction considerably easier to dismiss.”

Forty percent of Britain’s criminals are not on the database but hundreds of thousands of innocent people are. The National DNA database is one of the largest in the world, holding 4.5 million profiles - this includes around 300,000 children and approximately 850,000 innocent people who have never been charged or cautioned.

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.”

Former Minister of State condemns UK's unfair extradition laws

A former Minister of State for Trade has released a statement condemning extradition laws to coincide with the launch of Liberty’s Extradition Watch campaign last night.

Baron Jones of Birmingham, former Trade Minister and Director of the Confederation of British Industry (CBI) said that the situation must change:

“If we as a nation are to avoid any more appalling situations where UK citizens are lifted…with little burden of proof. People are being extradited (by a judiciary rendered powerless by laws passed by this Government) to a situation which is unacceptable. This is not about guilt and innocence. This is about people being unfairly treated in practice before their trial “

Under current UK law an individual can extradited to another country without even basic evidence being shown in a local court. A YouGov poll, conducted on behalf of Liberty shows a lack of public awareness about extradition in the UK – 70% of those polled did not know about the UK’s extradition procedures.

The poll also revealed that 58% thought the law should be changed. Sabina Frediani, Campaigns Co-ordinator for Liberty, said:

“This poll shows the lack of support for summary extradition. Fast track extradition is justice denied – Extradition Watch, our new campaign, seeks to pressure Government to stop extradition without safeguards.”

At the launch of the campaign, which was chaired by Gillian Tett, speakers Edward Fitzgerald QC and Frank Symeou, father of Andrew Symeou, joined Liberty in criticising the UK’s current extradition arrangements.

In a moving speech Frank Symeou, whose son is currently fighting extradition to Greece on the basis of evidence described as ‘seriously flawed, contradictory and in places ludicrous’, told the audience that: ‘what is happening to Andrew and our family could happen to you…there are serious questions and concerns about the case against my son and it is totally unacceptable that a British court, CPS or even the police cannot examine the flawed evidence against him…..it seems nobody wants to listen’

Liberty believes

• that a person should not be extradited to stand trial in a foreign country without evidence being presented in a British court to prove there is a basic (prima facie) case against them
• If the crime is alleged to have occurred in whole or in part in the UK, then the person should not be extradited if a court here decides it is not in the interest of justice to extradite
• A person in the UK should not be extradited for something that is not a crime in the UK.
  
• British justice should not be circumvented.

Control orders, torture techniques and the rise of the BNP - Does Britain still care about human rights?

Liberty poll shows authorities out of step with British public

(London – 15 June 2009) – In defiance of recent events, a poll released today by Liberty shows overwhelming support for human rights laws. Despite a week of the Government defending the unjust and unsafe control order system, the Metropolitan police accused of using "waterboarding" techniques with suspects and the BNP winning two European parliament seats, polling reveals that 97% think it is important that there is a law that protects rights and freedoms in the UK.

Shami Chakrabarti, Director of Liberty, said;an rights in Britain. Despite headlines about "waterboarding" and punishment without trial, our common values still run extremely deep and the contents of the Human Rights Act are valued by the overwhelming majority of people."

The ComRes polling, commissioned by Liberty, sends a clear message to all political parties about the values the British public hold dear.

● 89% identified the right not to be tortured or degraded as either vital or important..

● 95% identified both the right to a fair trial and respect for privacy family life and the home as either vital or important.

● 76% believed that the right not to be detained without reason was either vital or important.

At last week's Liberty conference, recently retired senior Law Lord, Lord Bingham said of the

"This poll will be depressing reading for the cocky far right and others opposed to hum

Human Rights Act:

"Which of these rights, I ask, would we wish to discard? Are any of them trivial, superfluous, unnecessary? Are any of them un-British? There may be those who would like to live in a country where these rights are not protected, but I am not of their number."

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

"Britain hasn't just got talent; it's got an ocean of common sense and decency too. Public bodies have yet to step up and educate people about their rights protections but the public cherish them nonetheless. We need to be more suspicious of politicians who bash our human rights whilst demanding "due process" and "personal privacy" for themselves."

Liberty's poll coincides with the launch of the Equalities and Human Rights Commission's Human Rights Inquiry report. However, both the Commission and The Government have yet to educate the public about the Human Rights Act – the Liberty poll shows that only 10% remember seeing or receiving any information explaining the legislation.

Liberty responds to Home Secretary’s departure

(London, 3 June 2009) The Home Secretary confirmed today that she would be standing down at the next cabinet re-shuffle.

Shami Chakrabarti, Director of Liberty, said;

“Jacqui Smith was the first woman Home Secretary – an historic achievement not to be underestimated. Further, if political survival is a measure of success, nearly two years in one of the highest and hottest seats in Government is a perfectly reasonable tenancy.

Sadly, it is harder to find distinction in recent policy on home affairs.

The misguided and mercifully failed attempt to get 42-day detention without charge onto the statute book wasted over a year's worth of political energy and capital. The stubborn refusal to dump the dangerous and expensive folly of identity cards became symbolic not only of a creeping contempt for personal privacy, but of politics more generally out of touch.

To add insult to irony, a Secretary of State so careless with the presumption of innocence, found herself with many of her colleagues under the spotlight of scrutiny and suspicion.

It must be hoped that future home secretaries learn from this parable and that young women in particular are encouraged not deterred."

Jacqui Smith was appointed Home Secretary in October 2008.

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.

Government climb-down on secret inquests

(London – 15 May 2009) Human rights group Liberty today claimed victory for victims after the Government announced that the secret inquest provisions in the Coroners and Justice bill would be dropped. The controversial proposals have generated widespread concern about the consequences for bereaved families and the negative impact on public trust and confidence.

Shami Chakrabarti, Director of Liberty, said:

"We welcome this sane and humble climb-down by the Lord Chancellor. It was completely bizarre for a Government that has spent over a decade lecturing the public about victims' rights to attempt to exclude bereaved families from open justice.

Secret courts and parallel legal systems have mushroomed under New Labour but as we have learned in recent days there is no accountability without transparency."

Despite last minute amendments, the Government’s proposals would gravely limit transparency and increase executive control over the inquest process and could exclude bereaved families, their legal representatives and the public at large from the investigation process. This could include inquests into highly contentious deaths such as deaths in custody or deaths of individuals where issues of the state’s broader conduct are raised for example an inquest into the death of a soldier killed in Iraq or the inquest into the death of Dr David Kelly.

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.

Liberty applauds former Home Secretary’s denunciation of ID cards scheme

(London - 29 April 2009) – Liberty today welcomed former Home Secretary David Blunkett’s dismissal of the identity cards scheme. David Blunkett first put forward the idea of compulsory ID cards when he was Home Secretary in 2001 but has now withdrawn his support for the unpopular plan.

Shami Chakrabarti, Director of Liberty, said:

“Better late than never, the current Home Secretary should learn from her predecessor’s humility and dump the financial, race equality and privacy disaster that is this scheme.

David Blunkett was once the Godfather of ID cards – in the light of his good sense conversion, lets all hope that this grand folly finally sleeps with the fishes.”

The £5.6 billion compulsory ID card scheme has been unsuccessfully touted by the Government as a solution to identity theft, benefit fraud, crime, and terrorism.

Liberty welcomes Government climb-down on centralised communications database

(London, 27 April 2009) – In a consultation published today, the Government accepted the massive privacy implications of a centralised database holding a record of every email, phone call and text message and confirmed that this plan has been abandoned.

While Liberty understands the importance of this data in the prevention and detection of serious crime and terrorism, it has voiced concerns about the dangers of centralising this data since the proposals were announced by the Home Office in October 2008.

Shami Chakrabarti, Director of Liberty, said:

“We applaud the Home Office climb-down on the super Big Brother database and thank the broad coalition of sensible voices who brought it about. It is a clear signal that the public interest in personal privacy can no longer be ignored. However, if companies are to be required to hold even more information than they do at present, concerns about access and use become even more important.”

“Let us look forward to this U-turn on communications data being followed by limiting DNA retention, dumping ID cards and a less callous approach to privacy protection more generally.”

Communications service providers (CSPs) already hold large amounts of communications data and an EU directive that came into force earlier this month now requires that data is retained for 12 months. The Government is now proposing that data generated by communications services based overseas by crossing networks in the UK be collected and retained by CSPs.

'What about the victims?' - Inquest and Liberty hold parliamentary meeting on Government plans for secret inquests

Inquest and Liberty held a parliamentary meeting today on the secret inquest provisions of the Coroners and Justice Bill. Chaired by Frank Dobson MP, parliamentarians were addressed by Susan Alexander, bereaved mother of Azelle Rodney who was shot dead by the Metropolitan Police in 2005, Helen Shaw, Co-Director of Inquest and Shami Chakrabarti, Director of Liberty.

Politicians from across the political spectrum heard that despite last minute amendments, the Government’s proposals would gravely limit transparency and increase executive control over the inquest process and could exclude bereaved families, their legal representatives and the public at large from the investigation process. This could include inquests into highly contentious deaths such as deaths in custody or deaths of individuals where issues of the state’s broader conduct are raised for example an inquest into the death of a soldier killed in Iraq or the inquest into the death of Dr David Kelly.

Susan Alexander said:

"The secret inquest provisions in the Bill are not significantly different from the clauses that the Government withdrew last year from the Counter-Terrorism Bill, at least from my point of view. They could still prevent a jury and me from seeing key evidence and having it properly tested in Court.

The inquest into Azelle’s death will not undermine the work of the police in protecting the public from serious crime, but the public interest will be badly damaged if the truth of what happened is obscured and all the lessons of this case cannot be learned.”

Helen Shaw, Co-Director of Inquest said:

"INQUEST remains fundamentally opposed to these proposals. They amount to a fundamental attack on the independence and transparency of the coronial system in England and Wales; are fundamentally flawed; unsupported by evidence; disconnected from legal principles and have come about without any consultation with stakeholders. The proposals will completely undermine the stated aim of government to put bereaved families at the centre of the reformed inquest system and will damage public confidence in the Coroner Service as a whole."

Shami Chakrabarti, Director of Liberty, said:

“What happened to all that rhetoric about rebalancing justice in favour of victims? This flawed policy forgets that the only point of an inquest is providing answers for bereaved families and the wider public. It is perfectly possible to protect sensitive material within an open jury system. Everything else is just politics.”