UPDATE 09 December 2009
It appears that the Metropolitan Police are intimidating the organisers, with the threat of arrest under unspecified laws, into not holding a peaceful demonstration at Buckingham Palace.
UPDATE 10th December 2009:
We have been passed an email from Inspector Emma Richards from the Metropolitan Police Royal Parks Operational Command Unit (who could have emailed info@freegary.org.uk directly) which clarifies under which law they are banning the Buckingham Palace demonstration in support of Gary McKinnon:
Statutory Instrument 1997 No. 1639 The Royal Parks and Other Open Spaces Regulations 1997 section 17, which says:
(17) organise or take part in any assembly, display, performance, representation, parade, procession, review or theatrical event;
These words do not actually cover a short term "static political demonstration" or a "plea for mercy".The regulations are to do with commercial exploitation of all of the Royal Parks, and road traffic speed limits etc.
Inspector Richards went on to say:
I am concerned that the wording implies that the Metropolitan Police is against your demonstration/cause. A detrimental comment has been made on the website and I am keen to stop this escalating. The reason for the refusal is due to the legislation.
That is exactly the impression which the Metropolitan Police Service at Charing Cross Police Station, who dealt with the SOCPA 2005 section 132 -138 Designated Area prior written application for the Home office demonstration gave, by failing to clearly communicate about this regulation in the first place, but instead, talking disproportionately and inappropriately about "terrorism".
There will be now be another peaceful demonstration in support of Gary McKinnon, at the Home Office in Marsham Street, London, this coming Tuesday 15th December 2009 from 12 noon until 2pm and from 2pm onwards at Buckingham Palace.
Media 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 and spokespeople, or try to answer your queries ourselves.
Home Office
Will Home Secretary Alan Johnson and his senior civil servant advisors at the Home Office get the message from the British public, and manage to get themselves out of the political mess which they have created, over the Extradition Act 2003 and the Gary McKinnon extradition case ?
Time:
Tuesday 15th December 2009 from 12 noon until 2pm
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.
Public toilets:
There is a Westminster Council run public toilet quite close to the Home Office in Regency Place:-- turn right along Horseferry Road at the southern end of Marsham Street.
See Regency Place public toilet location map
SOCPA 2005 s 132 Designated Area
The Home Office is, inappropriately, just within the Designated Area around Parliament Square, so the Serious Organised Crime and Police Act 2005 sections 132 to 138 apply. The organisers have already applied for the necessary prior written permission.
Loudspeakers and loudhailers are banned, but, given the volume of the chanting at the previous demonstrations, these would probably be superfluous anyway.
The Metropolitan Police can impose arbitrary extra conditions, at the time of the demonstration, but, hopefully, if things go as per the previous demonstrations at the Home Office, there should be no problems.
Buckingham Palace
There will also be a demonstration at Buckingham Palace at the western end of The Mall, London, next Tuesday 15th December 2009 from 2pm onwards
Will Her Majesty the Queen be able to influence her stubborn Labour Government to treat Gary McKinnon with mercy, and not allow him to be extradited to the USA, but to be tried here in the United Kingdom ?
Time:
Tuesday 15th December 2009 from 2pm onwards
Location:
Buckingham Palace, The Mall, London SW1 1AA
Location Map of Buckingham Palace
Nearest Tube stations:
Victoria (and mainline railway), Green Park, Hyde Park Corner or St. James's Park - see the Transport for London website for journey planning details.
Buses:
There are lots of buses which stop near Buckingham Palace e.g. Routes 2, 16, 36, 38, 52, 73, 82, 148, 436, 701, C2, 702, 797, X90
See London Bus Routes
Public toilets:
There are no Westminster Council run public toilets near Buckingham Palace.
Buckingham Palace is a SOCPA 2005 section 128 Protected SIte
Buckingham Palace is not within the Serious Organised Crime Act 2005 section 132 - 138 Designated Area around Parliament Square.
However, it is a Protected Site under the Serious Organised Crime and Police Act 2005 section 128 Offence of trespassing on protected site, (previously a Designated Site until the Terrorism Act 2006 amendment which changed the word "designated" to "protected").
(b) Buckingham Palace, the Mall, London, SW1A 1AA and its curtilage, including the buildings within that curtilage;
The curtilage means the outer walls and fences and gates of the site.
You can be arrested, but only by a constable in uniform not by Police Community Support Officers or by other security staff or military personnel on guard at Buckingham Palace,if you cross the gates, fences or walls of this outer boundary of the site. You would then face up to 51 weeks in prison and / or a level 5 fine (up to £5000).
Writing to Her Majesty The Queen
Contact Members of the Royal Family
In advance of the demonstration, you could write to Her Majesty the Queen, in support of Gary McKinnon:
Her Majesty Queen Elizabeth II
Buckingham Palace
London SW1A 1AA
Start your letter formally to "Your Majesty".
More hints and tips about going on a demonstration in this part of central London:
Photography
Amateur and even professional press photographers are all too frequently illegally harassed by jobsworth public officials and security guards, partly as a result of the Home Office's "climate of fear" anti-terrorism propaganda.
There are no laws which prevent you taking photos at the demonstration (ideally, if it is to have any effect, the mainstream media should be present) - millions of tourists take photos of Buckingham Palace every year.
No PCSO or private security guard or military guards or police constables etc. have legal power to seize your camera or mobile camera phone, unless they are actually arresting you..
Even if you are arrested, the Police constables (not PCSOs or private security guards who have no powers of arrest) have no power to delete digital photos etc. even if they have seized your camera or mobile phone, since that would be tampering with evidence.
Conversely, there are no laws to prevent the Police or security guards etc. from taking photos or video of you, either.
See: Spy Blog - Harassment of Photographers category archive
Terrorism Stop and Search harassment
Although the Home Office is trying to keep the information secret, all of London within the M25 orbital motorway appears to be an area where Police constables in uniform (and Police Community Support Officers in uniform, but only under the direct supervision of a Police Constable, not on their own), can conduct Terrorism Act 2000 section 44 stops and searches, without reasonable suspicion.
They can stop you and search you, supposedly for weapons or explosives or anything that might be used for terrorism (i.e. just about anything). Despite tens of thousands of such stops and searches, they have never caught a real terrorist as a result. Unless it is a proper armed police checkpoint, then what exactly an unarmed PCSO is expected to do if they do find any weapons or explosives, except panic, is unclear.
If you are stopped and searched under normal Police powers, where there is some "reasonable suspicion", then you do have to give your name and address. If you refuse to do so on the street, then you will be dragged back to a Police station for fingerprint etc. checks on your identity
If you are stopped ad searched under Terrorism Act section 44, without reasonable
suspicion, then you do not have to give your name and address.
You have to be given a Stop and Search form, stating where, when, and by whom you have been stopped, and under what law. However, if you do not demand one, then you will not necessarily be given such a form.
What the Police and PCSOs often try to do, during such searches, is to copy, or at least rifle through, any wallet or notebook or mobile phone address books which you might have on your person , so do not bring private stuff with you on such a demonstration.
What to bring on a demonstration
- Several friends and supporters.
- Press and Broadcast journalists and reporters.
- If you smoke, something to collect and extinguish your cigarette butts - Westminster Council bylaws and Government Anti-social behaviour laws and policies, could allow various public officials to slap you with a £60 Fixed Penalty Notice for littering if you throw you cigarette butt onto the ground.
- Something (non-alcoholic) to drink and eat etc.
- Warm clothing and an umbrella - it is winter !
- Cameras and video recorders
- Spare batteries and USB memory devices for digital cameras and mobile phone cameras.
- Contact details of firms of legal solicitors who deal with human rights issues and arrests at demonstrations e.g. Bindmans - telephone: 020 7833 4433 or Kaim Todner - telephone: 020 7353 6660 (Gary McKinnon's solicitors). N.B. write down or print out these details on to paper, because if you are arrested, you will have your mobile phone and / or other electronic personal organiser etc. confiscated by the Police.
What NOT to bring to a demonstration
- Alcohol - even Police Community Support Officers now have powers to confiscate alcohol within a Dispersal Zone. All of the London boroughs of Westminster and Camden are now such Dispersal Zones.
- Being seen to be drinking alcohol, or even carrying opened containers of alcoholic drinks, on Transport for London Tubes or Buses is also now banned.
- Illegal drugs - obviously.
- Personal address and contact books or Mobile Phones or Personal Digital Assistants containing contact names, addresses, email, phone etc. details - jobsworth PCSOs and Police constables often attempt to rifle through these, during "stops and searches", even though they often have no proper legal power to do so.
- If you must bring your normal mobile phone with you, then you should set a security PIN code, for both for the power on and keyboard locks, which might prevent arbitrary snooping, but which will not, of course, prevent forensic examination of the phone if you are arrested.
Cliffsull
News that there is intimidation by police with regards to this Peaceful Protest is worrying, but we all know its not new!
Have they not learned that actions such as THREATS (aginst anyone or any group that 'believes' in a just cause) only serves to Galvanise !!
#freegary #garymckinnon
NO TO ILLEGAL EXTRADITION !
Lucy
This from Gary :
The UK Police, whom i have great respect for, have told us that it is ILLEGAL to protest outside Buckingham Palace.
Due to anti-terrorism law no objects, even something as seemingly innocent as a bunch of flowers, are allowed to be left outside the palace.
I don't want to start another argument over points of law (god knows i've had enough of that) but for now i want us all to acknowledge the police's position on this and demonstrate only outside of the Home Office.
The Police have not intimidated anyone, they are only quoting the law, and i would like us ALL to abide by it as Lucy (my partner) is the one that would be arrested should anyone transgress the law.
Many thanks to all involved in organising the protest and for general support of this cause.
Let's keep it peaceful and legal.
Gary :)
Elle Hart, Elec.Eng.Tech.
Whence I was a human rights activist a few years back (main reason why my name is black listed) it was quite a common strategy for the authorities to delibrately plant a person who will cause trouble (like break windows) so that they could the arrest/use crowd control/stop the peaceful protest.
In my experience - protests do not work. The only way to get attention is in dollars. Cause a boycott or a dip in profits or a tax sanction is what gets results.
Elle
Orchard-Webb
I cannot understand how the Americans can claim that McKinnon caused significant damage to the defence computer system. Surely they back up their files, so that even if few were stupidly deleted, the cost would be trivial.
I am not a computer expert, so my views carry little weight. However, it might help if an authoritative group could evaluate the American claims and make the finding public.
As the Americans do not have to give evidence for extradition, their damage claim seems grossly unfair, especially in the light of the monumentally immoral/criminal activities of the Bush/Blair administrations.
Vivek
Hi,I'm Vivek from Mumbai,India . Being a computer enthusiast, I support the cause of releasing Gary Mckinnon and just can't believe how absurd laws on 'cybercrime' are.
lewis
Gary you are being told what you did was wrong t by a bunch of criminals (It is a MP's qualifications) Start a political party and hack the other parties to get the publics money back especially the robbing bastard's the Chancellor of the Exchequer and the woman who buys porn with the UK peoples money.
Francis J P Offord
My personal submission is that I would agree with this extradition ONLY if a similar extradition was permitted. That would be of
G.W. Bush on war crimes charges. I do not think that this would be permitted by the USA but it certainly has more relevance to justice.
Damian
Why doesn't Gary just accept what he done and go to the US and face the consequences. He admitted to the hacking. Yes he faces 60 years in a federal gaol. I understand Gary has asked to be dealt with in the UK, what if the UK authorities also imposed a 60 year sentence (although more likely 100 hours community service) surely all this would be in vain. Or is Gary a coward?
fg
@ Damian - Gary has admitted to illegal computer access, but he has not admitted to any "financial damage", something which might be hard to prove, if, as seems likely, there were several other unauthorised people from around the world who access to the same US military systems, at the same time.
Nobody in the UK, not even the worst gangster murderers e.g. the Kray twins, or terrorists e.g. the Lockerbie bomber or soviet spies e.g. George Blake, has been sentenced to more than 45 years in prison - Gary's alleged crimes are nowhere even approaching that sort of criminality.
fg
@ Lucy / Gary - I feel a bit intimidated by the Metropolitan Police, even if you do not.
Socrates
I'm left with the feeling that while Gary has been a Very Naughty Boy, he's learnt his lesson and is unlikely to resume his hacking career.
Also the publicity has told every Geek in LimeyLand the consequences of goosing Uncle Sam.
Also, regardless of the circumstances/blame/responsibility for the years of legal wrangling, the stress of it all has been punishment enough.
As far as I can see, most of the usual purposes of the criminal justice system have been satisfied.
Another point:
The quality of the 'evidence' provided by the Americans to support their claim, doesn't meet any of the usual standards of evidence required in a UK court - but it seems that the relevant Act of Parliament doesn't require any more than a unctuous grin from a Yank prosecutor to get an Order signed.
David Shamash
Gary:
Would you agree to be tried in your absence in America and answer questions from the Court via video link or your legal team.
That way you would not have to go to America and you would serve any sentence in the UK.
We of course do not know if the Americans would agree to that.
David Shamash.
Elle Hart, Elec.Eng.Tech.
Thinking about the inconsistencies found everywhere in law - for example the pulp mill in my town is allowed to spew out sulfur dioxide into the air, water and soil - but I am not allowed to burn my trash. All in the name of profit - my rights are being abused. In my mind, I have a right to breath clean air free from industrial toxins - but the government and legal professionals don't seem to think so.
I want to interject here - and direct a comment to all the lawyers and judges and gov officials whom each take part in upholding and promoting legislation that abuse the environment, human rights and fundamantal justice.
You have no right to lead the entire human race down the garden path into chaos and mayhem. We the people expect that you represent our interests and not solely the dollar bill. You have the powers to make radical changes in legislation like enacting the Extradition Treaty and thus have a grave responsibility to the future of everyone. Use your powers wisely - as we the people expect to have clean air and our rights protected. I know that I am not happy at all that some profit whore is allowed to endanger the environment. And I am not happy that the UK - Canada's roots - is ignoring Gary's fundamental rights ie Magnacarta. As far as I am concerned YOU are guilty of High Treason and should be shot.
Elle
Sailing
Sending our support, just to let you know, we mentione Gary's plight and demonstration in the latest podcast show. ~ episode 3.
Good Luck.
Blessings
Sailing
Matthew
Im 32 and Have Aspergers.
Im currently suing the Police over how they treated me when they arrested me on their suspicion of crimes I did not commit, they broke the code of conduct and the DDA and my human rights.
I had no applopgy, and they abused me.
And now they are hiding behind computer screens and phones.
I served papers on the Police force today.
The Police have to learn about people with Autism and Aspegers, and so do the Govenment.
Godiva
I am puzzled about the issue of proportionality in Gary’s case (relating specifically to the European Convention on Human Rights), and would welcome any ideas or explanations.
Where the liberty of any person is restricted, the Convention requires that, apart from having a basis in law, the measure:
- is done to secure a legitimate aim, e.g. prevention of crime
- is necessary in a democratic society – i.e. fulfils a pressing social need, has a legitimate aim and is proportionate to the aims being pursued.
As for proportionality, if a particular policy or action interferes with a Convention right, it is not justifiable if the means used to achieve the aim are excessive in the circumstances.
Has anyone directly questioned the purpose of the US extradition and prosecution in terms of “legitimate aims”? The idea that extraditing Gary will serve to prevent or deter crime is beyond laughable, and after seven years this aim could surely be challenged successfully. If the US purpose is de facto merely retribution (a fancy word for revenge), then it begs the question of whether this is in itself a legitimate aim – especially since punishment can readily be provided in the UK – and whether it is proportionate.
Whatever damage figures the US concocts (as if you could charge a joyrider the cost of installing an alarm in your car after he’s driven it around the block and left snide post-its on the dashboard), surely the worst charges they could bring against Gary are unauthorized access and in effect vandalism. What is baffling is how such charges could possibly justify extradition (itself a de facto punishment) and criminal sanctions for a non-violent first-time offender, in terms of proportionality as set out by the European Convention. It is hard to fathom which part of ‘excessive in the circumstances’ the Home Office drones don’t understand.
Perhaps I missed it, but the ‘points of law’ cited in this whole affair have never seemed to touch on these issues of legitimacy and proportionality. Nor has anyone mentioned the arguably inadmissible ‘retrospectivity’ involved in the punishment now sought for alleged crimes committed in 2002 (when a lesser punishment was proposed). Does anyone with relevant knowledge have any light to shed on this?
Thanks!
David Shamash
The best hope for Gary is that his case drags on until after the next election and the Conservatives win.
The Conservatives support Gary's right to be tried in the UK. Lets hope the Conservatives would keep their word if they win and Gary is still in the UK.
It is not just Gary the Conservatives have promised to renegotiate the Extradition treaty with America.
The European Arrest Warrant also needs to be renegotiated as one can be extradited to another part of the EEC without evidence having to be produced in a British Court.
A Holocaust denyer was not extradited from Britain on a technicality as the European Arrest Warrant from Germany did not say which web sites he published his offensive lies that the Holocaust did not happen.
Perhaps Gary's legal team could find a technicality not to extradite Gary as he did his hacking a long time ago and he did not expect to be extradited when he did it. The Americans should not have made it so easy to hack into the Pentagon.
Lastly someone should ask the Home Secretary Alan Johnson not to extradite Gary until after the General Election. I do not think Alan Johnson will be Home Secretary as the Conservatives are likely to win the next election.
David Shamash.
Darren Nelson
My local MP Chris Moles(Labour) returned my enquiry about your case.In it he wrote;Date;15th Dec 2009; "Events have moved on slightly from when Lord West wrote to me.However,Mr McKinnon will be able to apply to US authorities that he serve any custodial sentance in the UK.I am pleased to note that the US authorities have already stated that they would not necessarily oppose such an application.
Darren Nelson
The law that presents you with an possible extradition must be refined.To catch the people it was intended to catch.Namely Terorists.It should not be used to catch unemployed "Walter Mitty's like you and I. Gary,please ignore the negative posts you have received from others.Rightminded people are on your side.
Tisa Emoto
Aw, this was a really quality post. In theory I'd like to write like this too - taking time and real effort to make a good article... but what can I say... I procrastinate alot and never seem to get something done.
Anthony
Is it possible to get an update on the goings on of this trial? Hopefully no violence ensued as a result.
-Anthony from hellowallet