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The next Gary McKinnon may suffer under these extradition proposals The next Gary McKinnon may suffer under these extradition proposals
(about 4 hours later)
It's only a few weeks since the home secretary, Theresa May, made the decision that Gary McKinnon should not be extradited to stand trial in the United States for hacking into the computers of the Pentagon and Nasa. Her decision followed a lengthy campaign, spearheaded by McKinnon's indomitable mother, Janis Sharp, which enjoyed widespread public support. But will such campaigns, aimed at influencing politicians after legal channels have been exhausted, now become history?It's only a few weeks since the home secretary, Theresa May, made the decision that Gary McKinnon should not be extradited to stand trial in the United States for hacking into the computers of the Pentagon and Nasa. Her decision followed a lengthy campaign, spearheaded by McKinnon's indomitable mother, Janis Sharp, which enjoyed widespread public support. But will such campaigns, aimed at influencing politicians after legal channels have been exhausted, now become history?
The home secretary has just announced amendments to the crime and courts bill, which will transfer to the high court her current powers as home secretary to consider late representations, on human rights grounds, against being sent abroad to stand trial. The amendments would introduce a "forum bar", which would allow British courts to block an extradition request if they believed that it was in the interests of justice for the accused to stand trial in the United Kingdom rather than abroad. The home secretary has just announced amendments to the crime and courts bill, which will transfer to the high court her current powers as home secretary to consider late representations, on human rights grounds, against being sent abroad to stand trial. The amendments would introduce a "forum bar", which would allow British courts to block an extradition request if they believed that it was in the interests of justice for the accused to stand trial in the UK rather than abroad.
First of all, it should be reiterated that May made the correct decision in declining the McKinnon extradition request. Previous Labour home secretaries could have stepped in to do so but seemed to be mesmerised by specious American claims as to the importance of the case: this was never an issue of national security, only of national embarrassment. The American justice system has gone rogue when it comes to dealing proportionately with cases of hacking and leaking; earlier this year, a young American hacker, Aaron Swartz, who was also being pursued relentlessly, killed himself.First of all, it should be reiterated that May made the correct decision in declining the McKinnon extradition request. Previous Labour home secretaries could have stepped in to do so but seemed to be mesmerised by specious American claims as to the importance of the case: this was never an issue of national security, only of national embarrassment. The American justice system has gone rogue when it comes to dealing proportionately with cases of hacking and leaking; earlier this year, a young American hacker, Aaron Swartz, who was also being pursued relentlessly, killed himself.
May's move comes following recommendations by Sir Scott Baker QC, who said in his official review of extradition law that it was doubtful parliament intended cases such as McKinnon's should go back to the secretary of state for further consideration on human rights grounds. It is understandable that May does not want to be making such decisions on a regular basis. She was accused by former home secretary Alan Johnson of "taking the easy way out" and not "putting justice before popularity" when she stayed the McKinnon extradition. Certainly she received plaudits from all sides of the political spectrum, from the Daily Mail to the Guardian, but in fact she was administering the most obvious form of justice, which just happened on this occasion to be popular.May's move comes following recommendations by Sir Scott Baker QC, who said in his official review of extradition law that it was doubtful parliament intended cases such as McKinnon's should go back to the secretary of state for further consideration on human rights grounds. It is understandable that May does not want to be making such decisions on a regular basis. She was accused by former home secretary Alan Johnson of "taking the easy way out" and not "putting justice before popularity" when she stayed the McKinnon extradition. Certainly she received plaudits from all sides of the political spectrum, from the Daily Mail to the Guardian, but in fact she was administering the most obvious form of justice, which just happened on this occasion to be popular.
While it is good news that such a forum bar is being introduced, there are serious concerns as to how it would operate. The way it is being explained at the moment seems to indicate that McKinnon may well have been extradited under the new proposals.While it is good news that such a forum bar is being introduced, there are serious concerns as to how it would operate. The way it is being explained at the moment seems to indicate that McKinnon may well have been extradited under the new proposals.
One body with much experience of the vagaries of the extradition laws is Fair Trials International (FTI), whose chief executive, Jago Russell, suggests quite rightly that parliament will have its work cut out to turn the proposals into the meaningful reforms so urgently needed. The FTI hopes that any changes would recognise such cases as Andrew Symeou and Edmond Arapi, which have been highlighted in the Guardian, who have either spent years awaiting trial abroad or faced extradition for an offence they could not possibly have committed.One body with much experience of the vagaries of the extradition laws is Fair Trials International (FTI), whose chief executive, Jago Russell, suggests quite rightly that parliament will have its work cut out to turn the proposals into the meaningful reforms so urgently needed. The FTI hopes that any changes would recognise such cases as Andrew Symeou and Edmond Arapi, which have been highlighted in the Guardian, who have either spent years awaiting trial abroad or faced extradition for an offence they could not possibly have committed.
It took nearly a decade to halt the extradition of McKinnon. We should not now rush into minor changes which, while they might take the heat off home secretaries, would not solve the problems thrown up by his case. There is little indication that the forum bar will be a much better place to hang out than the Westminster last-chance saloon.It took nearly a decade to halt the extradition of McKinnon. We should not now rush into minor changes which, while they might take the heat off home secretaries, would not solve the problems thrown up by his case. There is little indication that the forum bar will be a much better place to hang out than the Westminster last-chance saloon.