Sunday, April 03, 2011

Nasa hacker Gary McKinnon

Nasa hacker Gary McKinnon is undergoing 'psychological torture' over an impasse surrounding extradition proceedings to the US, according to an Ulster Unionist peer.

Lord Maginnis of Drumglass introduced a debate in the House of Lords on Wednesday around the predicament of McKinnon, who is currently caught in legal limbo while his lawyers and the Home Office discuss a medical evaluation. McKinnon has already been evaluated by a number of autism experts for risk of suicide should he be extradited.

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  • This is unconfirmed:

    A last-ditch appeal to prevent a computer hacker from being extradited
    to the United States has been dismissed by the Home Secretary.

    Gary McKinnon and his family were told yesterday that Alan Johnson is
    to allow the extradition to go ahead after refusing to block it on
    medical grounds.

    Mr McKinnon, who has Asperger's syndrome, is accused by the US
    authorities of breaking into military and Nasa computers. He has
    admitted hacking but maintains he was looking only for evidence of
    UFOs

    He was told in a letter from the Home Secretary that the extradition
    would now "proceed forthwith" after finding that there was "nothing
    incompatible" between extradition and Mr McKinnon's human rights.

    The family said last night that Mr McKinnon, who could be sentenced to
    up to 60 years in prison in the US, was "at risk of suicide" after being
    told there will be no 11th hour reprieve. His mother, Janis Sharp, was
    "extremely worried" about her son's mental state and said the
    Government and Mr Johnson should "hang their heads in shame" for
    caving in to American pressure.

    She said: "This is a cruel and miserable decision. To force a peaceful,
    vulnerable, misguided UFO fanatic like Gary thousands of miles away
    from his much-needed support network is barbaric. If the severity of
    Gary's medical condition isn't sufficient to prevent his extradition, I
    can't imagine what is."

    She added: "This government is terrified of speaking up to America, and
    now they are allowing vulnerable people to be pursued for non-violent
    crime when they should be going after terrorists. Why are they doing
    this?"

    Karen Todner, the hacker's solicitor, said there was still hope. "It's a
    devastating blow but we are not going to give up. We are going to issue
    judicial review proceedings. We normally have three months to do this
    but have now been given seven days to issue."

    In July Mr McKinnon went to the High Court in an attempt to get the
    extradition order overturned but was told being sent for trial in the US
    was "a lawful and proportionate response" to his actions. A month ago
    he was refused permission to take his case to the Supreme Court when
    judges decided he had "no real prospect" of success.

    The case has highlighted concerns about the Extradition Act 2003
    which critics maintain erodes the rights of individuals in Britain without
    a similar concession being given in the US. They argue that Britons can
    be extradited without any assessment of the evidence against them and
    on cases so weak that they would never reach court at home.

    The US authorities only have to produce an arrest warrant to show that
    the person is wanted. In contrast, if British prosecutors want to
    extradite someone from the US they have to demonstrate likely guilt.

    The Home Secretary has been given assurances by the US authorities
    that Mr McKinnon's medical needs will be met. Mr Johnson said he had
    considered carefully the case but rejected it. "I am clear that the
    information is not materially different from that placed before the High
    Court earlier this year and does not demonstrate that sending Mr
    McKinnon to the United States would breach his human rights," he said.

    "It is also clear from the proceedings to date that Mr McKinnon will not,
    if convicted, serve any of his sentence in a supermax prison. Finally,
    should Mr McKinnon be extradited, charged and convicted in the US
    and seek repatriation to the UK to serve a custodial sentence, the
    Government will of course progress his application at the very earliest
    opportunity."

    Chris Huhne, the Liberal Democrat home affairs spokesman, described
    the extradition treaty as unfair and Mr Johnson's decision as
    "shameful".

    Mr McKinnon is said by the US authorities to have been responsible for
    "the biggest military hack of all time". He is said to have caused
    $700,000 worth of damage and forced the US Army's entire network to
    be shut down for 24 hours.

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