Cruel and unusual punishment

Extraditing conspiracy-theorist hacker Gary McKinnon, who has
been diagnosed with a form of autism, is inhumane

Last week, the computer hacker Gary McKinnon was given a
Thursday deadline
to apply for an oral judicial review, which is the last legal challenge that
could stop his extradition to the United States.

As he runs out of time and chances, it seems to me and others from across the
political spectrum that we should look again at the fundamental case for
extradition. There are strong arguments for allowing McKinnon to stand trial in
the UK and serve any sentence in this country.

The London-based hacker,
who is alleged to have broken through Pentagon and Nasa security, has recently
been diagnosed with Asperger's
Syndrome, a fact that was not available and hence not taken into account by
either the district judge or the High Court when they reached their decisions in
favour of his extradition.

Sarah Ludford, McKinnon's constituency MEP, and I have written to the home
secretary Jacqui Smith urging her to use her discretion to agree or refuse an
extradition request.

The news that Gary McKinnon has been diagnosed with
Asperger's Syndrome should surely justify a more humanitarian approach.
According to the Asperger's Syndrome Foundation, the condition is characterised
by difficulties with social interaction and communication. A pattern of
behaviour includes a lack of empathy, impaired imagination, difficulty in making
friends, intense absorption in a special interest and often problems with motor
coordination.

It can often result in frustration, anger, depression and a lack of
self-esteem. In these circumstances, it would be oppressive to extradite him
without – at the very least – undertakings from the US authorities as to his
treatment.

The two-and-a-half year gap between McKinnon's arrest and the
US extradition request also raises serious questions about the plea-bargaining
process that took place in the intervening period. McKinnon could have done what
the US wanted and pleaded guilty and waived his statutory extradition rights in
exchange for a more lenient sentence and repatriation for sentence.

The result of this voluntary surrender might have been a three to four-year
sentence for non-terrorist offences and speedy repatriation to the UK. However,
McKinnon chose to exercise his right to resist extradition. As a result, he is
faced with a possible 45-60 year prison sentence without parole for terrorism
and no repatriation. He has effectively been blackmailed by the US authorities
to plead guilty.

Having exercised these rights, the US authorities are
now categorising McKinnon's behaviour as (cyber-)terrorism. There is a real risk
of him being detained, both pre-trial and in the event of a conviction, for a
long time in a "Supermax" high-security prison. Such detention is hardly
suitable for a computer hacker with no previous criminal history and whose
potential as a future risk must be seriously questioned.

These coercive
tactics must surely be contrary to the tenets of any fair legal system, and
amount to an abuse of extradition. The High Court rightly described the threat
of withholding repatriation if McKinnon refused to surrender as "anathema", and
viewed the way the US authorities conducted plea bargaining with McKinnon in
London with "distaste".

This coercive plea bargaining is an abuse of our
judicial process. At the very least, Jacqui Smith should seek clarification from
the US authorities as to the availability of pretrial bail for McKinnon. If she
had real confidence in British justice she would go further and demand that
McKinnon stand trial in this country and, if convicted, serve any term of
detention in a British prison.

This issue, however, is not just about
Gary McKinnon. No extraditions of British citizens should be granted until the
forum amendments of the Police & Justice Act are enacted, which would allow
McKinnon and others to be tried over here. The government could have enacted
these provisions in November 2007 but still shows no sign of bringing them into
force.

Express assurances should also be obtained from requesting
countries of immediate post-trial/sentencing repatriation to the UK. This is in
accordance with the principles of the European Treaty on transfer of prisoners
(to which the US is a signatory). Jacqui Smith must not let our special
relationship with the US override the best interests of justice.

http://exopolitics.blogs.com/exopolitics/2008/11/uk-guardian-extradition-of-ufo-researcher-gary-mckinnon-cruel-unusual-punishment.html