[Infowarrior] - Computer hacker Gary McKinnon to be extradited to US

[Richard Forno]

Computer hacker Gary McKinnon to be extradited to US
	• Afua Hirsch, legal affairs correspondent
	• guardian.co.uk,	 Thursday 26 November 2009 19.50 GMT

http://www.guardian.co.uk/world/2009/nov/26/computer-hacker-gary-mckinnon-extradition/print

Computer hacker Gary McKinnon is at serious risk of suicide, relatives  
said today, after the home secretary rejected a last-ditch attempt to  
prevent his extradition to the US.

In a letter today 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", said  
the letter, dated 26 November. "His extradition to the United States  
must proceed forthwith".

The decision, described by lawyers as "callous", has prompted new  
fears about McKinnon's well-being. The letter rejected new expert  
medical evidence that the health of McKinnon, who has Asperger's  
syndrome, 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. Why are they doing this?"

The decision is a final blow for McKinnon, from north London, who was  
accused in 2002 of using his home computer to hack into 97 US military  
and Nasa computers, causing damage which the US government claims will  
cost over $700,000 to repair.

Earlier this year the high court rejected arguments that the  
extradition would violate McKinnon's rights, after lawyers argued the  
prospect of up to 60-years' imprisonment in an American 'supermax'  
jail would cause mental harm because of his Asperger's syndrome and  
depressive illness.

The home secretary has insisted that he had received assurances from  
the US government, including a guarantee that McKinnon would be  
assessed by doctors and psychologists were he transferred to a US  
jail, and would receive "appropriate medical care and treatment",  
including counselling and medication, in a letter from the US  
Department of Justice this February, seen by the court.

Lawyers had also argued that the director of public prosecutions could  
prosecute McKinnon in the UK, on lesser charges of computer misuse,  
preventing his extradition. The charges are less serious in the UK  
than the US, where McKinnon faces a prison sentence of up to 60 years.

"The CPS wanted to prosecute Gary, but they were told from the very  
top to stand aside and let American take him", said Sharp.

The case comes after sustained controversy over the US Extradition  
Treaty, designed to speed up extradition between the two countries but  
which critics insist works in favour of Americans and fails to  
adequately protect British people from extradition.

McKinnon's legal team had hoped to join his case to the case of Ian  
Norris, the retired business chief facing extradition to the US to  
face trial on charges of obstructing justice due to his alleged role  
in an illegal cartel whose case will be heard in the supreme court on  
Monday.

Lawyers had argued that McKinnon's case raised similar legal issues,  
and should have been considered by the 9-strong panel of Supreme Court  
Justices sitting next week. Attempts to be heard in the supreme court  
failed however, although McKinnon's legal team said they would be  
seeking a judicial review of today's decision.

"The Americans have waited three years before requesting Gary's  
extradition, and the government is too terrified to say no", said  
Sharp. "What America wants, America gets", Sharp added. "I think it's  
disgusting".

"This is a hold over from Bush. We thought with Obama it would be  
different. Now the first person in the world to be extradited to the  
US for computer misuse is going to be a guy with Asperger's. All our  
lives have been ruined by this – the heart just sinks."