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UK seeks assurances over hacker UK assurances on hacker's welfare
(10 minutes later)
Britain has sought to ensure the welfare of a man suffering from a form of autism who faces extradition to the US on computer hacking charges. 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.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 the US has offered assurances over his treatment. Labour's deputy leader Harriet Harman told the BBC it would be illegal to intervene over his extradition.
He has lost a bid to avoid extradition and Ms Harman and the home secretary says it would be illegal to intervene. But she said the government would be involved in his treatment and the US had offered assurances.
Ms Harman told the BBC's Andrew Marr show the government would seek for Mr McKinnon to serve any prison sentence in the UK if he is convicted.Ms Harman told the BBC's Andrew Marr show the government would seek for Mr McKinnon to serve any prison sentence in the UK if he is convicted.
'Very difficult''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."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 that he should not be extradited because of his disorder - a form of autism. He maintains he was only ever seeking UFO evidence.Mr McKinnon, from north London, and his supporters have argued that he should not be extradited because of his disorder - a form of autism. He maintains he was only ever seeking UFO evidence.
Harriet Harman: "Gary McKinnon should be properly looked after when he's over there"Harriet Harman: "Gary McKinnon should be properly looked after when he's over there"
Home Secretary Alan Johnson has said he would be breaking the law if he blocked hacker Gary McKinnon's extradition.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.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.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 that it was "understandable" that many would be sympathetic to "someone who appears to be a misguided, vulnerable young man".In his article, the home secretary acknowledged that it was "understandable" that many would be sympathetic to "someone who appears to be a misguided, vulnerable young man".
But Mr Johnson added that "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".But Mr Johnson added that "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 JohnsonHome Secretary Reaction to decision Gary McKinnon profileThe crimes he is accused of are far from trivial Alan JohnsonHome Secretary Reaction to decision Gary McKinnon profile
The home secretary also denied that extradition law was wrong, arguing that it was appropriate for "an age where crime is increasingly indifferent to national borders".The home secretary also denied that extradition law was wrong, arguing that 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.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).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.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.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 attacksOffence must be punishable by one year or more in jail in both countriesUS 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 UKUS-UK EXTRADITION TREATY 2003 treaty, agreed in aftermath of 9/11 attacksOffence must be punishable by one year or more in jail in both countriesUS 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.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".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.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.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".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 President Obama signed by 40 British MPs asking him to step in and "bring this shameful episode to an end".A letter has been sent to 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 President Obama to intervene.Mr McKinnon's mother, Janis Sharp, has also called on President Obama to intervene.