A personal post this one, yes, but about a subject very close to my heart.  I am sure readers won’t mind me publicising my support!

Computer ‘hacker’ Gary McKinnon, who has Aspergers syndrome, is at serious risk of suicide, after the home secretary rejected a last-ditch attempt to prevent his extradition to the US.  Last week, Alan Johnson ordered McKinnon’s removal to the US on charges of breaching US military and NASA computers, despite claims by his lawyers that extradition would make the 43-year-old’s death “virtually certain”.

The secretary of state is of the firm view that McKinnon’s extradition would not be incompatible with his human  rights so his extradition to the USA must proceed forthwith.  Well I am of the utter conviction that the Secretary of state is wrong and morally bankrupt.

The decision, described by lawyers as “callous”, has prompted fresh fears about McKinnon’s well-being. Alan Johnsons  letter rejected new expert medical evidence that McKinnon’s health had deteriorated dramatically since losing his case in the high court in July, and meant that extradition would violate his right to life.

“Gary is at risk of suicide, I’m extremely worried about him,” said McKinnon’s mother, Janis Sharp.  ”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.”

Mckinnon’s lawyer, Karen Todner, said she planned to start a judicial review of the home secretary’s decision.  ”We cannot give up because in some ways it’s like dealing with a death row case, and we genuinely believe Gary’s life is at stake here,” she said.

So why do I Support Garry McKinnon? Why am I arguing with the appalling decision of the Home Secretary, Alan Johnson not to stop the extradition and why am I blogging about this rather than promoting Wormeries and recycling?

Is it because :-

- I, like many others believe that if he is to be tried, then he should stand trial here and face British justice.

- That releasing him to the mercy of a country that still executes juveniles and recently condoned and practised water boarding is abhorrent.

- He immediately confessed and didn’t realise he had done wrong.

- All he is guilty of is embarrassing the pentagon.

- That it is a vital and perhaps the first requirement of government that it protects its own citizens.

- That the USA should rather be harnessing his manifest talents, rather than prosecuting him.

- Aspergers syndrome is the  higher functioning end of the Autistic Spectrum Disorder and is a well known, serious, profound and lifelong condition.

- That as a compassionate country we should help our citizens rather than condemn them to a prison sentence on foreign soil

- That it is an embarrassment and disgrace that we inappropriately Kowtow to our American allies. Friends should be strong together, not in the others shadow.

- He is a very vulnerable man and with his family has already suffered quite unnecessarily and far too much.

- The computers that were hacked did not have adequate security in place. Anybody with a wireless connection has better protection.

- If the data was as important as US officials claim, then why was it not protected adequately?

- I am the father of a more severely Autistic son and have some insight into the nature of Autistic Spectrum Disorders.

- That Alan Johnson has an army of advisors and bureaucrats available to him but seems unable to understand the nature of Autism. A simple visit to www.nas.org.uk would resolve this!

- That it is far harder to extradite someone from the USA to Britain than visa versa – and this is simply wrong.

- I believe compassion, decency, understanding and the demands of natural justice outweigh any wish to win brownie points from  America.

Well yes it is each and every one of the above actually!  It appears to me that all Gary is guilty of is of being a high functioning autism ‘sufferer’ and something of a UFO ‘geek’.

If this rings any bells or touches any cords for you then please go here to sign the petition and to http://freegary.org.uk/ and follow Gary’s mum, Janis Sharp, on twitter.

Thank you for reading.

Clive Roberts (MD, Original Organics)

Two things which interest me about Roamin’ or Runnin’ Polanski. The news states that he is out on bail and that he has children.

If it was his child in place of his 13yr old victim, would he be happy to sign a petition demanding the convicted offenders release?

Any other person would have been bundled off to gaol a long time ago. Money and status at the moment seem to put his options above average.

(This is a follow up to my comments on 26/10/09 and 1/11/09).

That’s it, short and sweet.

More latter; perhaps same blog time, but same blog channel.

The new (December 2009) issue of the Canadian Historical Review contains an article with an interesting title:

Bradley Miller, “A carnival of crime on our border’: International Law, Imperial Power, and Extradition in
Canada, 1865-1883″

I’m looking forward to reading this article in December.

So he’s got enough brains to hack into the Pentagon computers, but not enough to stand before a court of law and answer for himself? He has a disease that somehow makes it impossible to do this. How convenient.  If you could bottle this disease and sell it, you’d make a fortune from all the people who want to wriggle and squirm their way out of the criminal justice system.

It’s not as if he’s even denying it, so he’s not looking for a trial. His mum is all over the telly, admitting that he did it. She says he didn’t want to sell state secrets; he just wanted to know about UFOs. So that’s alright then. It’s a bit like robbing the bank and then arguing that you weren’t after the money, you just wanted some of them nice rubber stamps they have for punching a mark on used cheques. This makes no sense at all. It would still be a robbery.

Now we’re told that there’s a new medical report where the doctor doesn’t argue that his disease makes it impossible for him to attend court, the doctor is arguing that it is “almost certain” that he will commit suicide if he has to go to court. Since when have medical practitioners reinvented themselves as clairvoyants? I tell you what, why don’t we release everyone from jail who threatens to commit suicide. That way the jail overcrowding crisis would be over because they’d all be completely empty.

Now we’re being told that Keith Vaz as the chair of the Home Affairs Select Committee, says that “because of the precarious state of his mental health, the committee is of the view that he should not be extradited to the USA”. So Keith isn’t concerned with the suicide threat or the extradition is unfair threat, or the UFO defence. I wonder if he has any idea of what this bloke was up to. Over a period of one year he persistently attacked NASA and Pentagon computers leaving notes such as, “US foreign policy is akin to government sponsored terrorism these days… I am SOLO. I will continue to disrupt at the highest levels.” As an example of his vandalism, on one day, he mounted an attack that shut down Internet access to 2,000 military computers for 24 hours. What’s this got to do with UFOs? He’s so far cost the US $700,000 through his vandalism. What’s that got to do with UFOs?

Meanwhile Liberal Democrat home affairs spokesman Chris Huhne attacks the home secretary for his decision. “It is appalling that this government places a higher value on a deeply unfair extradition agreement than it does on the welfare of a British citizen.” So he’s not following the UFO line, the mental health line, the suicide line. He’s on the extradition line.

The last time we had an expensive PR campaign like this was from a bunch of investment bankers who were accused of stealing millions of pounds during the collapse of the Enron Company. Their campaign was so successful at persuading people that they were being treated unfairly, regardless of the facts, that a number of Tory MPs publically joined their campaign to argue that they should avoid extradition.  Bizarre!

It’s not for Keith Vaz to decide the rule of law in this country. Nor is it Alan Johnson. It’s not for PR professionals or the tabloid press. It’s not for mothers of sons who have committed crimes, to decide the rule of the law. It’s the job of the courts to decide these matters and that’s where it should stay. The job of the Home Affairs Select Committee is to point out this fundamental principle to anyone who needs such guidance. Maybe the committee should do their job properly from now on.

India’s newly created federal investigation agency NIA has registered a case against American terror suspect David Headley and his Canadian accomplice Tahawwur Hussain Rana and four other unknown persons in connection with the 26/11 terror attack.

Union Home Minister P Chidambaram confirmed on Thursday that Headley had visited India several times before 26/11 and once after the attack.

He said that the case filed by the NIA is the fourth such case filed the agency this year in connection with the 26/11 attack.

He said we are inquiring into his activities while his stay in the country � which cities he visited, met with whom and did what.

Indian Media reports quoted a seniour home ministry official that the Government is all set to produce the documents before the US court in January next and press for Hadley and Rana�s extradition to India.

I just got this in my inbox at FB:
British Home Secretary Alan Johnson has refused to halt the extradition of alleged hacker Gary McKinnon and he may well now be extradited to the USA this side of Christmas.
I ask you all to write to the British government in every way possible by e-mail, post and to all departments to stop this abuse of human rights. The crime was committed here in the UK and under our own laws,m Gary should be tried here in the UK and not extradited to face life in prison in the USA, just for trying to found out the TRUTH about UFO’s!

Home Secretary Boots Out Hacker’s Appeal (Full Article)

A Briton accused of hacking into US military and NASA computers faces extradition to the United States after the British government rejected last-ditch requests to block the move.

Home Secretary Alan Johnson concluded that sending Gary McKinnon to the United States would not breach his human rights, and said he has no general discretionary powers to stop the extradition.

“If Mr McKinnon’s human rights would be breached, I must stop the extradition. If they would not be breached, the extradition must go ahead,” Johnson said in a statement.

“As the courts have affirmed, I have no general discretion,” he said.

Briton Gary McKinnon leaves the High Court in central London in January 2009.

McKinnon, who suffers from a form of autism, could spend life in prison if convicted by a US court of gaining access to 97 computers in 2001 and 2002 in the aftermath of the September 11, 2001 attacks.

His family and lawyers have warned throughout the long-running case that McKinnon, who has Asperger’s Syndrome, could commit suicide or suffer psychosis if the extradition went ahead.

McKinnon’s mother, Janis Sharp, slammed the decision as “devastating” and “barbaric,” adding that her son was terrified of extradition.

“To force a peaceful, vulnerable, misguided UFO fanatic like Gary thousands of miles away from his much-needed support network is barbaric,” she said.

“This is a cruel and miserable decision,” she told the BBC, adding that the government, should “hang their heads in shame.”

“If the severity of Gary’s medical condition isn’t sufficient to prevent his extradition, I can’t imagine what is. God help others facing a similar fate.”

McKinnon, 43, says he was only looking for evidence of unidentified flying objects (UFOs) when he hacked into the US Navy and NASA space agency computers.

US authorities allege he stole passwords and deleted files, leading to the shutdown of computer systems, with repairs costing around 800,000 dollars (486,000 pounds, 534,000 euros).

His cause has drawn high-profile support, including from Trudie Styler, wife of rock star Sting, who urged mothers to write to the Home Secretary.

Last month, the High Court in London refused McKinnon leave to appeal to Britain’s new Supreme Court against his extradition.

The Home Office agreed to study new medical evidence about McKinnon before deciding on his extradition.

But Johnson told McKinnon’s family in a letter that he could not block the move on medical grounds.

He said he had received guarantees from US authorities that McKinnon’s medical needs would be met once extradited, and if convicted he would not serve any time in a “supermax” prison.

“Due to legitimate concerns over Mr McKinnon’s health, we have sought and received assurances from the United States authorities that his needs will be met,” Johnson said.

“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.”

McKinnon’s solicitor said she would seek a judicial review of Johnson’s decision, and lodge an application before the High Court within seven days.

“We are certainly coming to the end of the road, but we are just hoping that at some point, someone sees sense and steps in,” Karen Todner told the BBC.

“In some ways it’s like dealing with a death row case, we genuinely believe Gary’s life is at stake here.”

His lawyers say he could easily be prosecuted in Britain, where he would face a less severe sentence. But the Crown Prosecution Service ruled in February that the case was best brought in the United States.

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Mr McKinnon’s family were notified of the Home Secretary’s decision this afternoon. Janis Sharp, Mr McKinnon’s mother, was distraught, telling The Daily Telegraph: “I can’t believe it. It is a complete nonsense.” Keith Vaz MP, the chairman of the home affairs select committee which has pressed Mr Johnson directly not to extradite Mr McKinnon, said: “I am very disappointed at this decision. This is the wrong decision for the wrong reasons.”

Last month Mr Johnson threw a lifeline to Mr McKinnon, who suffers from a form of autism, with a promise to examine new medical evidence “very carefully” before deciding on his extradition last month. However in an emailed letter to Mrs Sharp, Mr Johnson is understood to have said that a decision to block the extraditon of Mr McKinnon was not in his control.

During an earlier legal battle in the summer, judges warned Mr McKinnon, who is accused of hacking into networks at the Pentagon and Nasa from his flat in north London, might kill himself if he was extradited. Mrs Sharp wept as she told how she broke the news to Mr McKinnon. She said: “He was very, very bad. He was very quiet – and I am more worried when he is quiet. I have got concerns for Gary. Alan Johnson has made the wrong decision. It is just awful.”

The legal process, which had been paused while Mr Johnson considered the medical evidence, will now start again, with legal sources suggesting Mr McKinnon could be extradited by Christmas. One of his legal team said: “It is a miserable decision that we fundamentally disagree with – he could be gone by Christmas. We are considering all our legal avenues. What does it take for someone not to be extradited?”

Mr McKinnon’s lawyers can either seek a fresh emergency judicial review of Mr Johnson’s decision at the High Court within the next seven days or appeal to the European Court of Human Rights within the next 14 days. Last night, David Burrowes, the Conservatives’ shadow justice minister and Mr McKinnon’s local MP, said: “It is extremely disappointing that the repeated calls for compassion and justice for Gary have been ignored by the Home Secretary. “Despite substantial medical grounds gfiving Alan Johnson the opportunity to stop the extradition, he has washed his hands of Gary.

“The decision flies in the face of the medical evidence, which showed the serious risks to his health and life if extradition was to be granted.” Mr Vaz added: “The unanimous view of the Home Affairs Select Committee was that the Home Secretary has the power to intervene. “His [Alan Johnson's] decision has important constitutional implications if he is not prepared to use his discretion even though he is allowed to so no matter how narrow the scope.”

Mark Lever, chief executive of the National Autistic Society which has been campaigning on behalf of Mr McKinnon, said: “We are bitterly disappointed by the Home Secretary’s decision and feel hugely sympathetic towards Gary and his family who have now been living under extreme stress for a prolonged period of time. “People with Asperger syndrome are often much more vulnerable than appearances would suggest and can be highly susceptible to additional mental health problems. “On the strength of recently submitted medical evidence and the support of the Home Affairs committee, we had hoped that Mr Johnson would listen to these concerns. “The National Autistic Society will continue to support Gary and his family during this incredibly difficult time and as the case continues.”

Mr McKinnon, 43, from Wood Green, North London, has insisted that his hacking of Pentagon computers was nothing more than him searching for reports of UFO sightings. Mr McKinnon is being extradited under a treaty which has been criticised because, while British prosecutors must provide details of the evidence against an American citizen, US prosecutors need only explain the charges to take a Briton to America.

Tonight, Alan Johnson, the Home Secretary, said: “I have carefully considered the representations in the case of Gary McKinnon. “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. “As the courts have affirmed, I have no general discretion. If Mr McKinnon’s human rights would be breached, I must stop the extradition. If they would not be breached, the extradition must go ahead. “Earlier this year the High Court upheld the extradition request for Mr McKinnon. This was after all proceedings under the Extradition Act 2003 had been completed. “The High Court dismissed a further challenge by Mr McKinnon that extradition to the USA would be in breach of his human rights.

“Throughout this process there have been a number of assurances. Firstly due to legitimate concerns over Mr McKinnon’s health, we have sought and received assurances from the United States authorities that his needs will be met. These were before the High Court in July. “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. “I know there is a concern on all sides to see a conclusion to these proceedings. It is now open to Mr McKinnon’s lawyer to consider their legal options. As a consequence I do not propose to comment any further.”

http://www.telegraph.co.uk/news/newstopics/politics/6663920/Gary-McKinnon-set-to-be-sent-to-America-after-Alan-Johnson-says-he-cannot-block-extradition.html

The verdict does not affect the Swiss Justice Ministry’s ongoing assessment of whether Polanski should be extradited to the United States for having sex in 1977 with a 13-year-old girl.

GENEVA – A Swiss court granted Roman Polanski bail on Wednesday, accepting $4.5 million to allow him to remain under house arrest at his chalet.

Polanski, 76, will have to come up with $4.5 million and will be under house arrest…he will be in a holding pattern for skipping out on serving time for having sex with a 13 year old decades ago in California…

(source : Le Monde 18/11/09)

La Cour suprême du Brésil a voté, mercredi 18 novembre, en faveur de l’extradition de l’ex-militant italien d’extrême gauche Cesare Battisti vers l’Italie, mais elle devait encore décider si le président Luiz Inacio Lula da Silva aura le dernier mot.

Cinq juges, dont le président de la plus haute juridiction brésilienne, Gilmar Mendes, ont voté pour l’extradition de Battisti, 54 ans, et quatre contre. Néanmoins, le sort de Battisti, qui a obtenu en janvier le statut de réfugié politique au Brésil, n’est pas scellé pour autant : la plus haute instance juridique du Brésil doit encore décider qui aura le dernier mot, le président Lula ou la Cour.

Cesare Battisti, 54 ans, a commencé vendredi 13 novembre une grève de la faim, et demandé par l’intermédiaire de son avocat à Lula d’intervenir en sa faveur. Il a prévenu qu’il “ne retournera pas vivant en Italie”.

L’Italie réclame Battisti, condamné à perpétuité par contumace pour quatre meurtres commis dans les années 1970. Le Brésil avait accordé en janvier à l’ancien militant le statut de réfugié politique, provoquant une forte tension diplomatique avec Rome. L’Italie a d’ailleurs aussitôt réagi à cette décision par la voix de son ministre des affaires étrangères, Franco Frattini, qui a exprimé sa “grande satisfaction”.

AFP, 11/18/09

Brazil’s supreme court on Wednesday voted to extradite an Italian ex-militant, Cesare Battisti, wanted for multiple murders dating from the 1970s, despite a government order granting him political asylum.

The court was continuing constitutional deliberations to decide whether its verdict was final, or whether President Luiz Inacio Lula da Silva should have the final say in the case.

Chief justice Gilmar Mendes cast the decisive vote, breaking a deadlock among his eight colleagues that had dragged the extradition hearing out over more than two months.

Read more…

Je n’arrive pas à choisir entre la précarité familiale et expulsion diplomatique
(Droit au logement opposable 0 – Cesare Battisti 1)

So the arguments have been raging, back and forth, what to do about Roman Polanski. So if you don’t know the story Roman Polanski in 1977 “allegedly” drugged and raped a thirteen year old girl while on a modeling shoot. Polanski pleaded guilty to the lesser charge of “unlawful sex with a minor” and was given, now this would make Paris Hilton cry, 90 days psychiatric evaluation. Polanski server 42 days in the psych ward when the psychologist released him, stating that he was sane and would be unlikely to commit such crime again. In 1978 the judge ordered him back to court to serve the remainder of his sentence in jail and about voluntary deportation when he fled the country. Now over 30 years later Polanski has been arrested by Swiss authorities and will not be given bail, he is considered too much of a flight risk.

I say good. I’m sorry but this man is a felon and deserves to do his time and then some. He was given a break in ‘78 due to his star status and didn’t even take that. So i say good for you Switzerland for keeping a felon in jail.

An Italian court sentenced 23 former CIA agents to up to eight years in prison for their role in the abduction of an Egyptian terrorist suspect in the first trial over “extraordinary renditions”.

The trial, which opened in June 2007, is the first in the world over the abduction of terror suspects during the Bush era by the CIA and its proxies and their subsequent “rendition flights” to third countries which permit or turn a blind eye to torture. The verdicts were hailed by human rights campaigners as an important victory that could open the way to further prosecutions.

None of the convicted CIA agents is in Italy, and successive Italian governments have refused to ask for their extradition.

Abu Omar, an imam and militant Islamist whose real name is Osama Mustafa Hassan Nasr, was seized on a Milan street in February 2003. He was taken to the US air force base at Aviano in northeastern Italy, then flown to the US base at Ramstein in Germany, and eventually to Cairo. He claims he was tortured. He was released after four years in prison without being charged.

Abu Omar told Human Rights Watch in 2007 that he had been “hung up like a slaughtered sheep and given electrical shocks” during his interrogations. “I was brutally tortured and I could hear the screams of others who were tortured too,” he said.

The Times

BBC, 11/2/09

Arturo Chavez and US Attorney General Eric Holder are expected to discuss further co-operation in the extradition of suspected criminals to the US.

Eleven fugitives were transferred over the Mexican border on Sunday, bringing the total extradited this year to 100.

The US says this is a sign of increased co-operation between the two countries.

Read More…