August 2008 Archives

Demonstration in support of Gary McKinnon, at the Home Office, Tuesday 2nd September 4pm

By fg on August 31, 2008 3:29 PM | 36 Comments

There will be a peaceful demonstration in support of Gary McKinnon, at the Home Office in Marsham Street, London, this coming Tuesday 2nd September 2008, at 4pm.

Time:
4pm, Tuesday 2nd September 2008

Location:
Home Office main entrance, Peel Building (between the defensive / ornamental moats ponds) , Marsham Street, Westminster, London - see this location map

Nearest Tube stations:
Westminster or St. James Park - see the Transport for London website for journey planning details.

Buses:
London Bus Route 88 Clapham Common - Vauxhall - Westminster - Oxford Circus - Camden Town, stops directly outside the Home Office main entrance in Marsham Street, supposedly every 7 or 8 minutes.

Contact details:
email us here at info@Freegary.org.uk. If you are IT security conscious, and technically capable, then you can make use of our PGP Public encryption key.

We will pass on your messages to the demonstration organisers, or try to answer your queries ourselves.

Serious Organised Crime Act 2005 section 132 - 138 Designated Area

Many people in the UK and the rest of the world might be surprised at the extent of the restrictions on the fundamental human rights of free speech, freedom of assembly and freedom to protest politically, which have been imposed in an excessively large Designated Area around the Houses of Parliament in central London.

The Home Office in Marsham Street is, sneakily, just within this Designated Area around Parliament Square, covered by sections 132 to 138 of the Serious Organised Crime and Police Act 2005.

This controversial legislation, may well be repealed, sometime next year, but it is still the law right now:

Continue reading Demonstration in support of Gary McKinnon, at the Home Office, Tuesday 2nd September 4pm.

ECHR Press Release: European Court of Human Rights refuses request for interim measures by Gary McKinnon

By fg on August 28, 2008 12:17 PM | 98 Comments

ECHR Press Release: European Court of Human Rights refuses request for interim measures by Gary McKinnon

Press release issued by the Registrar

European Court of Human Rights refuses request for interim measures by Gary McKinnon

On 29 July 2008, Gary McKinnon lodged an application with the European Court of Human Rights (application no. 36004/08). He complains principally under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) about the conditions of detention he would face if convicted in the United States of America.

The Government of the United States have sought his extradition from the United Kingdom to stand trial on charges of fraud-related activity in connection with computers. He is alleged to have gained unauthorised access to military computers in the United States from his home in the United Kingdom.

Mr McKinnon sought interim measures under Rule 39 of the Rules of Court to prevent his extradition to the United States while the Court considered his application.

On 12 August 2008 the Acting President of the Chamber to which the case has been allocated decided to indicate to the Government of the United Kingdom, under Rule 39 of the Rules of Court, that the applicant should not be extradited to the United States before midnight on 29 August 2008. This was in order to allow the Chamber to examine the request at the earliest opportunity, namely at its meeting on 28 August 2008.

On 28 August 2008, the Chamber decided to refuse the applicant's request for interim measures.

Mr McKinnon has therefore been informed that the Court will not prevent his extradition to the United States.

Under Rule 39 of the Rules of Court the Court may indicate to the parties any interim measure which it considers should be adopted in the interests of the parties or of the proper conduct of the proceedings before it.

***

Further information about the Court can be found on its Internet site (http://www.echr.coe.int).

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.

Gary McKinnon loses ECHR appeal

By wtwu on August 28, 2008 11:45 AM | 46 Comments

The mainstream media are reporting that Gary McKinnon has lost his appeal to the European Court of Human Rights in Strasbourg, which has refused to hear the appeal.

e.g.

The Guardian: Hacker McKinnon loses appeal against extradition to US

The BBC: Hacker loses extradition appeal

ECHR press release: European Court of Human Rights temporarily grants request for interim measures by Gary McKinnon

By fg on August 14, 2008 5:33 AM | 42 Comments

The European Court of Human Rights Press release:

EUROPEAN COURT OF HUMAN RIGHTS
582

12.08.2008

Press release issued by the Registrar

European Court of Human Rights temporarily grants request for interim measures by Gary McKinnon

On 29 July 2008, Gary McKinnon lodged an application with the European Court of Human Rights (application no. 36004/08). He complains principally under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) about the conditions of detention he would face if convicted in the United States of America.

The Government of the United States have sought his extradition to stand trial on charges of fraud-related activity in connection with computers.

Mr McKinnon sought interim measures under Rule 39 of the Rules of Court to prevent his extradition to the United States while the Court considered his application. On 12 August 2008 the Acting President of the Chamber to which the case has been allocated decided to indicate to the Government of the United Kingdom, under Rule 39 of the Rules of Court, that the applicant should not be extradited to the United States before midnight on 29 August 2008. This was in order to allow the Chamber to examine the request at the earliest opportunity, namely at its meeting on 28 August 2008.

Under Rule 39 of the Rules of Court the Court may indicate to the parties any interim measure which it considers should be adopted in the interests of the parties or of the proper conduct of the proceedings before it.

***

Further information about the Court can be found on its Internet site (http://www.echr.coe.int).

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.

- -

It is not clear from this Press Release exactly which of the Sections of the Court will make up the 7 Judge Chamber.

If they decide to allow the case to go forward, then it may either be decided by them, or they may pass it on to the 17 Judge Grand Chamber.

The list of all of the available Judges and their brief biographies is available on the Composition of the Court web page.

European Court of Human Rights to hear Gary McKinnon's application against extradition to the USA on 28th August 2008

By fg on August 12, 2008 12:30 PM | 26 Comments

ITN News report that Hacker wins extradition delay

But his solicitors announced he had won a stay until August 28 by the European Court of Human Rights.

[...]

A brief statement said he has been granted "interim relief" until that date "for his application to be heard before the full chamber Presidents of the European Court Human Rights will hear his application, before the full Chamber, on 28th August 2008.

A Chamber of the ECHR consists of 7 Judges (more details about who these are likely to be later)

The European Court of Human Rights website: http://www.echr.coe.int

Address details:

European Court of Human Rights
Council of Europe
67075 Strasbourg-Cedex
France

Tel: +33 (0)3 88 41 20 18
Fax: +33 (0)3 88 41 27 30

« July 2008 | Main Index | Archives | September 2008 »

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

If you feel strongly enough that Gary McKinnon should not be extradited to the USA, but should be tried here in Britain, then there are various people you can write to.

Firstly you can write to us here at info@freegary.org.uk. We will pass your messages of support on to Gary, and publicise this support to the media and to the politicians.

You can post anonymously here on this blog, but please be polite. Alternatively you can send us emails, but if you want a reply and the latest news, then you need to use a valid email address.

You can write to your Member of Parliament via WriteToThem

If your Member of Parliament has not already done so, then please ask them to sign

Early Day Motion 2388 sponsored by David Burrowes MP

(Previously, EDM 241 sponnsored by the then Conservative MP and now Mayor of London, Boris Johnson, also gathered a large number of MP's signatures opposed to the unfair Extradition Act 2003 and the Extradition Treaty with the USA).

You can also write to ~~David Blunkett~~ ~~Charles Clarke~~ ~~John Reid~~ ~~Jacqui Smith~~ ~~Alan Johnson~~ Theresa May who is now the 6th Home Secretary who has had the responsibility for Gary McKinnon's extradition case:

You can send an email public.enquiries@ homeoffice.gsi.gov.uk or a letter to:

Home Secretary
Rt Hon. Theresa May MP
c/o Direct Communications Unit
Home Office
2 Marsham Street
London SW1P 4DF

Home Office Contact Us page

WhiteHouse.gov - the official website of the President of the Umited States of America, Barack Obama.

"President Obama is committed to creating the most open and accessible administration in American history. To send questions, comments, concerns, or well-wishes to the President or his staff, please use the form below:"

Contact the White House web message form.

Please use this form to remind them just how counterproductive, and damaging to US national interests, especially to their supposedly changed international reputation, putting Gary McKinnon on trial in the USA would be.

This blog operates a reasonably tolerant blog comments policy.

You are free to condemn Gary McKinnon's past stupidity, and to highlight the need for appropriate, proportionate criminal justice, all of which Gary accepts.

Please try to be polite (although you will not be banned simply for the odd expletive).

Do try to keep on topic

If you feel the need to publicise lots of URLs (especially without explanation), or lengthy articles, not directly related to Gary McKinnon's extradition case, then link to your own blog article, otherwise your comment will be filtered out as spam.

You would be very wise to read the small print of the Internet Acceptable Use Policy applied by your Internet Service Provider, company or educational institution etc. and refrain from threats or libel (including unsubstantiated allegations without any real evidence) or expressions of hatred etc. against Gary, his family or supporters, or even against groups people or organisations in the United States of America or the United Kingdom etc.

Eochaidh MacDhalaigh OghaChruithne: It's good to know that the MoD has the backbone read more
fg: @ Eochaidh - it is a Conservative / Liberal Democrat read more
fg: @ Paul Gray - not possible! If worst case he read more
Paul Gray: If worst case he had to serve time on US read more
Eochaidh MacDhalaigh OghaChruithne: It is now Thursday 29 September 2011. Is the Cameron read more
Pepsi123: Although Gary Mckinnon did break the law, I believe the read more
Denis Burke: Hello Gary, Hope all goes well, we all know what read more
Eochaidh MacDhalaigh OghaChruithne: The U.S. has been reported to have insisted that Gary read more
Anonymous: I refer you to the Government e-Petitions website where someone read more
fg: @ Blair Finlay - from the narrow perspective of out read more
Blair Finlay: thing is the US has almost identical laws on double read more
Dr Mike: I cannot believe this inhumane treatment of Gary and his read more
Elle: This case on the romanian security breach of NASA in read more
Eochaidh "Corky" OghaChruithne: British hackers or anarchists have threatened to shut down the read more
Loretta Dean: How long does it take our Gove to JUST SAY read more

Sun	Mon	Tue	Wed	Thu	Fri	Sat
						1
2	3	4	5	6	7	8
9	10	11	12	13	14	15
16	17	18	19	20	21	22
23	24	25	26	27	28	29
30	31

Either save this image and link to us, or copy the HTML code below into your web page or template:

Thanks to Putfile.com for hosting one of these links locally on their servers. The over half a million hits this site took in 24 hours when they were linking directly, is welcome publicity, but was costing us a lot of bandwidth !

This blog website is intended to support British citizen Gary McKinnon, who is facing "fast track" extradition to the USA (after over ~~five~~ ~~six~~ ~~seven~~ ~~eight~~ nine years since his initial arrest !). Gary was indicted by a US court in November 2002, accused of "hacking" into over 90 US Military computer systems from here in the UK. The unjust treatment of British citizens (and others) when facing the might of the US Military "justice" system, which practices detention without trial in Guantanamo Bay and elsewhere, and stands accused of making use of torture by allied regimes ("extraordinary rendition") is an ongoing scandal. It cannot be excused even by a "war on terror". It seems only just that Gary should face any charges in a British court, and to serve any sentence, if he is found guilty, in a British prison.

Please feel free to email us your views about this blog, or news about the issues it tries to comment on:

info@freegary.org.uk

Download our PGP Public Encryption Key, if you want to make use of it to send us anything confidential.

N.B. Gary McKinnon was "not allowed to use any computer connected to the internet", as part of his bail conditions.

Is anyone more likely to have any email accounts he dared to use, monitored by the UK and US authorities ?

If you are a tv or radio or print journalist, or a freelance writer or documentary film maker, wanting to interview Gary, please include some full contact details and a contact phone number, and we will pass on your request to Gary's family.

Several people have expressed interest in "signing a petition" in support of Gary's plight.

N.B. the anti-road pricing / snooping petition on the Number 10 Downing Street website achieved 1,791,942 signatures, but this was rubbished and ignored by the Labour Government under Tony Blair, so do not expect too much of what will inevitably be much smaller petitions in support of Gary McKinnon.

This PledgeBank Pledge (not quite the same as a traditional petition), resulted in lots of people actua;lly taking the time and trouble to write to the then Home Secretary John Reid - so many that the Home Office stopped sending back indfividual replies.

http://www.pledgebank.com/FreeGary

This Pledge closed on 8th June 2006, and attracted 745 pledge signatures.

People have petitoned the Prime Minister (Tony Blair):

http://petitions.pm.gov.uk/ GaryMcKinnon/

We the undersigned petition the Prime Minister to Stop the extradition to the US of accused hacker Gary McKinnon.

This petition closed on 27 August 2007 with 876 Signatures.

There is a petition on a web petitons site, which is open for signature:

Stop the extradition of Gary McKinnon to the United States

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.

There is another ~~current~~ No 10 Downing Street website Petition to the Prime Minister (Gordon Brown):

http://petitions.number10.gov.uk/US-extradition/

We the undersigned petition the Prime Minister to Scrap the US/UK extradition treaty

Another Petiton (August 2009): Sign up 4 Gary McKinnon:

We, the undersigned, call on the Prime Minster Of the UK and Alan Johnson and the UK Government, for Gary to be tried in the UK- FREE GARY.

Petition to Stop the Gary McKinnon extradition to the United States (November 24th 2009)

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.

Kaim Todner - solicitors

November 2002 Grand Jury Indictment (.pdf)

November 2002 Grand Jury Indictment with all the "censored" IP addresses revealed by "cut and paste".

Virginia Indictment - November 2002 Department of Justice press release

New Jersey Indictment - November 2002 Department of Justice press release

New Jersey indictment - full text

Military Commission Order No. 1 (.pdf) - signed by President George W. Bush, March 21st 2002.

Extradition Act 2003

Computer Misuse Act 1990

Read the Foreign & Commonwealth Office official online and printed copies of the unbalanced USA - UK Extradition Treaty - it even uses American English words and spellings e.g "offenses" and "authorize" ! Extradition Treaty between the UK and the United States of America with Exchange of Notes Presented to Parliament: June 2007 (.pdf)

Statewatch's analysis of the civil rights defects in the UK-US Extradition treaty

Oral Evidence on UK-US Extradition Treaty given to the House of Commons Select Committee on Home Affairs on 22nd November 2005 given by Senior District Judge Tim Workman; Ms Sally Ireland, Senior Legal Officer, JUSTICE; Andy Burnham MP, Parliamentary Under-Secretary of State, Home Office

International Extradition Blog - by McNabb Associates a law firm that specialises in international extradition cases.

The Appeal Court Judgement issued on 3rd April 2007 is now online via the BAILII database

Neutral Citation Number: [2007] EWHC 762 (Admin) Case No: CO/5897/2006

The House of Lords Judgment - 30th July 2008:

McKinnon (Appellant) v Government of the United States of America (Respondents) and another

Gary McKinnon's statement to the Director of Public Prosecutions, January 2009, published by Computer Weekly: US took 39 months to demand McKinnon's extradition.

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009) - Oral Hearing which allowed a Judicial review on the Asperger's Syndrome aspects of the case, to be held some time after 16th March 2009

Computer Weekly have published Crown Prosecution Service Review Note 3, which explains some of the reasons why the CPS found insufficient evidence to prosecute Gary in the UK, including some inadmissable hearsay, and doubts that some of the alleged computer foresnic evidence was up to the ACPO guidlines for ensuring an untampered chain of evidence, and doubts about the unproven amount of alleged financial damage being claimed.

The British and Irish Legal Information Institute have published the text of the two combined Judicial Review Judgments made against Gary McKinnon which were handed down on Friday 31st July 2009:

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2021 (Admin) (31 July 2009)

Lord Justice Stanley Burnton and Mr. Justice Wilkie's refusal to allow Gary McKinnon's case to be certified to go up to the Supreme Court on appeal,handed down on Friday 9th October 2009.

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2449 (Admin) (09 October 2009) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/2449.html Cite as: [2009] EWHC 2449 (Admin)

London 2600 - open monthly meeting which discusses IT Security and Technology etc., from both sides of the fence.

Egypt 2600 - just like London 2600, but in Egypt, also interested in the Gary McKinnon's case.

School of the Americas Watch - information on the notorious "School of the Americas" renamed to the "Western Hemisphere Institute for Security Cooperation" in Fort Benning, Georgia.

The Disclosure Project serious research about possible UFOs

Wikipedia entry for Gary McKinnon - has links to several media interviews etc.

Scottish Human Rights website inspired by thinking about Gary McKinnon's case, and realising that similar things could so easily happen to you. The law in Scotland is somewhat different from the rest of the United Kingdom.

Free Babar Ahmad - another British (Muslim) IT worker, also facing extradition to the USA, also at risk of a Military Tribunal.

FriendsExtradited.org - campaign support for the Enron / NatWest 3 bankers - David Bermingham, Giles Darby and Gary Mulgrew ~~facing extradition~~ extradited to the USA for alleged crimes committed in the UK.

Stop the Extradition of Sean Garland - an Irish Republican politician arrested in Belfast, also facing extradition to the USA for alleged crimes committed in the UK or in Russia.

www.notoextradition.co.uk - petiton Labour MPs to support the amendments to the Extradition Act 2003 passed by the House of Lords to the Police and Justice Bill, when it comes before the House of Commons at Report Stage on the 9th and 10th of October 2006. About 50 Labour MPs are required, as all of the Conservatives, Liberal Democrats and most of the other minor Opposition parties are committed to support these amendments.

Howes Family Extradition Fight - amother extraordinary extradition case to the USA.

Financial appeal to sue the UK Government - Ross Hemsworth, an online radio presenter of paranormal and UFO investigations, is trying to taise £5000 to initiate legal proceedings, with the help of top human rights law firm Bindmans LLP, against the Home Secretary, to "challenge the government's refusal to review the unjust and one-sided extradition treaty with the USA."

www.garymckinnon.tk - support website for Gary McKinnon by Ed Johnson.

This blog tries to be helpful to journalists, documenatry film makers, book researchers etc. who are researching the background of the Gary McKinnon extradition story.

For those academic thesis supervisors using search engines or academic plagiarism detection tools, here is an example of how not to "research" a thesis or dissertation about the Gary McKinnon extradition case.

See the comments by "Eye4Lies" in the comments on starting at House of Lords Judgment against Gary McKinnon now online and again at European Court of Human Rights to hear Gary McKinnon's application against extradition to the USA on 28th August 2008

August 2008 Archives

Demonstration in support of Gary McKinnon, at the Home Office, Tuesday 2nd September 4pm

ECHR Press Release: European Court of Human Rights refuses request for interim measures by Gary McKinnon

Gary McKinnon loses ECHR appeal

ECHR press release: European Court of Human Rights temporarily grants request for interim measures by Gary McKinnon

European Court of Human Rights to hear Gary McKinnon's application against extradition to the USA on 28th August 2008

Write in support of Gary

Write to US President Barack Obama

Extradition Watch

Donation via PayPal

Search

Syndicate this site (XML):

Comments Policy

Recent Comments

Recent Entries

Photos of Gary

October 2011

Monthly Archives

Free Gary website buttons

About this blog

Email Contact

Follow Gary's mother on Twitter

Media Links and Videos

Petitions in support of Gary McKinnon and others

Blog Links

Legal Links

Other Links

Gary the musician

How not to research a thesis on Gary McKinnon