Order by the Honourable Mr Justice Mitting granting permission for Judicial review of the Gary McKinnon extradition to the USA case

| 27 Comments


In the High Court of Justice
Queen's Bench Division
Administrative Court


CO Ref: CO/15072/2009

In the matter of an application for Judicial Review


The Queen on the application of GARY MCKINNON

versus

SECRETARY OF STATE FOR THE HOME DEPARTMENT

NOTIFICATION of the Judge's decision (CPR Part 54.11, 54.12)

Following consideration of the documents lodged by the Claimant {and the Acknowledgment(s) of service filed by the Defendant and / or Interested Party]

Order by the Honourable Mr Justice Mitting

Permission is hereby granted

Observations:

This claim raises two stark and simple issues:

(1) Did the, as yet unchallenged and unqualified, evidence of Professor Turk that suicide "will be an almost certain inevitability should he experience extradition" require the defendant under section 6 of the Human Rights Act 1998, to refuse to surrender the Claimant to the government of the USA?

(2) Does the opinion of Professor Turk amount to a fundamental change in the circumstances previously considered by the courts and by the Defendant?

Both issues are arguable; and,if the answer to both is affirmative, it is arguable that the Defendant's decision not to refuse to surrender was unlawful.

[standard court claim filing instructions omitted]

It is always a bit surprising to see the Home Secretary described as the Defendant, and "The Queen" technically acting on behalf of Gary, but that is simply the arcane historical convention of the Royal Courts of Justice

As previously mentioned, the outcome of this Judicial Review is very likely to after the forthcoming General Election, so it is extremely unlikely (no matter who wins) that Alan Johnson will still be Home Secretary by then.

The "Convention" rights mentioned above are our Fundamental Human Rights listed under the European Convention on Human Rights (ECHR) which has nothing to do with the European Union, but is supposedly obeyed by all the countries in the European Union, plus a few others.

The Human Rights Act 1998 section 6 Acts of public authorities:

6 Acts of public authorities

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

[...]


The United Kingdom does not subscribe to all the of the ECHR articles, a notable exception being Article 13, the right to effective remedy for breaches of the Convention.

ECHR Article 7 retrospectivity, does not seem to have been applied in either Gary McKinnon's case or in other extradition cases to the USA, where the Extradition Act 2003 was applied retrospectively.

This Labour government has also ignored, prevaricated and delayed for months and years, in making the required legal or procedural changes, when they have been found to have been in breach of the European Convention on Human Rights by the European Court of Human Rights in Strasbourg e.g. over Terrorism Control Orders (house arrest without evidence, charge, trial or conviction) or the retention of innocent people's DNA samples and profiles (the Marper case, where they have continued as before, for over a year after the Court's decision).


27 Comments

@whatever

In your judgement you make it sound so easy and simple. A crime is commited - punishment is in order. Don't we all wish it was all so simple like you depict. Problem is :: that NOTHING is so simple and EVERYTHING is complex. How? It is all related to one another! And often I find people miss the really important things because they are fixated on the the less important things.

EXAMPLE - Why was the security so lax prior during and after 911? And is it possible that due to the military neglegence people died? Shouldn't the admins and net personnel be charged with manslaughter and immense property damage?

Elle

Great to hear from you as always with your conspiracy theories and paranoid fantasies. However, you really must stop linking the lax military PC security that Gary's activities highlighted to "9/11" - the two things are completely unrelated and its not helpful in the slightest.

Look - could 9/11 have been prevented if intelligence sharing had been better? Possibly - these things seem so easy with the benefit of hindsight.

Was it an inside job to create the necessary excuse for the hawks in the US government to carry out their nefarious adventures in the Middle East and Afghanistan - absolutely not and to suggest otherwise is preposterous.

Elle

Great to hear from you as always with your conspiracy theories and paranoid fantasies. However, you really must stop linking the lax military PC security that Gary's activities highlighted to "9/11" - the two things are completely unrelated and its not helpful in the slightest.

Look - could 9/11 have been prevented if intelligence sharing had been better? Possibly - these things seem so easy with the benefit of hindsight.

Was it an inside job to create the necessary excuse for the hawks in the US government to carry out their nefarious adventures in the Middle East and Afghanistan - absolutely not and to suggest otherwise is preposterous.

@Stu.

Although there is no link between Gary and 9/11, there is a large and growing number of academics, scientists, architects, engineers and military personnel who have some very serious unanswered questions regarding the event.

Only recently, a group of Dutch scientists found traces of military-grade nano-thermite in WTC brick dust gathered from ground-zero. Nano-thermite is the perfect flammable material for the accelerated incineration of steel, this is one of it's main uses.

A lot of the firemen from New York Fire Department reported the sound of explosions in a ring pattern, floor-by-floor, just as you would here if thermite explosives were placed in a normal demolition job.

So, IMHO, Elle's last post doesn't display conspiracy-theory and paranoid fantasy but perhaps an emotional involvement in the largest civilian catastrophe on her side of the Atlantic where a growing body of sensible, well-trained and in some cases, eminent minds are asking pertinent and sincere questions.

9/11 is, of course, a very emotive topic and i, for one, am glad that a lot of the friends and families of the people that died there want another investigation that does not leave out the many important aspects of the event that were ignored by the previous commission.

I'm forced to agree with Elle. There is a pattern of poor safety and security in the U.S. intelligence community. As Elle indicates, this pattern of the insecurity is exploited by the intelligence services of other countries. So of course, in these instances involving intricate attacks enabled by lax American security, there are conspiracies. However, as fg stated, Gary acted completely alone. Even his nom de plume (? - Elle, you're in Canada, is this correct?): "Solo," proves this. Gary's case is just one proof, but of many, that Homeland security is a sick joke and none of us anywhere in the American Empire should sleep soundly. I'd be sleeping under my bed if I had one.

Who was that Greek women who warned the powers that be at that time, but was ignored (Cassandra)? Gary is Cassandra. O.M.G., is that Gary's code name at the N.S.A.? It should be.


@ stu

Nowhere did I suggest that the lax security on military systems was a ruse by the US military with intent to incite war.

But that is a brilliant thought.

Intelligence sharing is the way to go - I agree with you on that. If we had an open government the truth would be evident.

Todays Game is 'What IF'

What if Gary's intel is accurate and the .gov is concealing info on extraterrestrials, free energy technology and an off earth military base. What would be the purpose?

Any ideas are welcome...

Elle

Navy Establishes U.S. Fleet Cyber Command at Fort Meade, MD

OPNAV NOTICE 5400, January 11, 2010: "Action will establish U. S. Fleet Cyber Command as an echelon II command to serve as the Navy Component Commander to United States Cyber Command upon its establishment. Interim reporting will be to United States Strategic Command. Command will provide for operational employment of the Navy's cyber, network operations, information operations, cryptologic and space forces, and serve as the Navy's Service Cryptologic Component Commander to the National Security Agency. U.S. Tenth Fleet. will be re-commissioned to control operations supporting U. S. Fleet Cyber Command.
# Mission: To direct Navy cyberspace operations globally to deter and defeat aqgression and to ensure freedom of action achieve military objectives in and through cyberspace; to organize and direct Navy cryptologic operations worldwide and support information operations (IO) and space planning and operations, as directed; to execute cyber missions as directed by USCYBERCOM; to direct, operate, maintain, secure and defend the Navy's portion of the Global Information Grid (GIG); to deliver integrated cyber, 10, cryptologic and space capabilities; to deliver global Navy cyber network common operational picture; and to develop, coordinate and assess Navy cyber operational requirements."

http://doni.daps.dla.mil/Directives/05000%20General%20Management%20Security%20and%20Safety%20Services/05-400%20Organization%20and%20Functional%20Support%20Services/5400.7407.pdf

Finally and at last Gary is winning the fight. The General Election is most likely May 6th 2010 and Labour will face either being defeated or in a hung parliament. It is very unlikely Gary McKinnon will be extradited now.

Hello people.
I would just like to say that I too have aspergers syndrome and I too have been down the path of obsession with just how much info the united commercial states of america has on free energy and ufo crafts. Its not really the sci fi side of things but more the science vs capitalist gain side that I believe america holds in its dirty little hands. Its is crazy that the UK is letting the united commercial states use agreements based on capturing terrorists to gain power over uk citizens with metal health issues. I suppose thats the way we stand now. We are just puppets to be used and manipulated by the United Commercial States of America in any way they wish. Remember the American intelligence on Iraq? Then again I may have been reading to much into Noam Chomsky hegemony or survival!!!!

Let Gary be Governed under the laws of the Country he lives in!!!!!!!

Concerning ruses. If someone is on your side, they will help you if they see that you need help and they will identify themselves to you as your friend. That's sort of like intelligence sharing. Certainly, for the U.S. to keep secret, alien technology that would help humanity, the U.S. is not on our side. Another way of looking at it is, because the Russian government, including the F.S.B. hasn't chatted me up and said, "Let's do fun things together," I can be sure that they're not on my side or a friend.

None of the 3 POSTS I made have appeared on the blog. Is there a problem? Did I offend someone? Am I under investigation again? FRACK!!!

3113

@ Elle - they are not in the anti-spam filter moderation queue, so anything is possible, but it is more likely to be a technical hitch than a conspiracy, given the levels of internet (in)competence displayed by the usual suspects.

tis a travesty of justice /--guilty ones are the pentagon and nasa--for withholding ufo and other info requested by foia for years
jb

Gary,

I feel really bad for you. However (and this is nothing personal)...

issues regarding UFOs, antigravity notwithstanding, you broke the law. Whatever you SAY your reasons were, the plain old truth is that you were sat behind a computer doing something you knew you shouldnt be doing in a place that attracted a LOT of risk and you thought you wouldnt be caught.

Claiming that you are ill enough to escape the consequences of that is absurd; if you were on the ball enough to do what you did (and leave little notes actually TAUNTING the people you were disrupting), you're on the ball enough to face the penalties.

Let me put it simply: Hackers are a BAD thing and Im glad that the U.S is dealing harshly with you.

I sincerely hope that they excercise the full force of their laws against you and then - perhaps - whatever arrogant, disruptive, stupid inclination it was that posessed you to attack another nations defense and space agency computers will disperse. I mean, seriously. You broke into NASA, did you honestly think there wouldnt be repercussions?

This post will no doubt be deleted as I dont expect that you or your supporters are interested in a viewpoint that differs from yours...

But I am here to tell you that there are those of us who think that you represent a very negative, disruptive section of the I.T world and - as such - if anything we would like to see even harsher penalties for people like you who - for no other GENUINE reason than the pure devilment - cause damage and have no respect for others property. You abuse powerful tools simply for the enjoyment you get from being a PITA, so lets cut the bull: you were no more interested in UFOs than I am in putting on a pair of fake boobs and dancing naked through mayfair (im not). If you were,Im pretty sure the content of the little messages you left your victims would have been significantly different.

The fact that you are now bleating like a stuck record instead of swallowing your medicine is making you look less like the hero you wanted yourself to be (when you rather foolishly attacked another nations defense computers and TAUNTED them about it!) and more like a whiney kid.

Since you're making so much noise, and since my post will almost certainly be deleted, Ive written to the house of commons myself and have decided to create my own "Extradite Gary McKinnon" petition website so that our government AND the U.S government realise that there are those of us who do NOT agree with what you did and think you SHOULD be made to deal with the conseqences of your actions.

Go on, be a man. Go to the U.S of your own volition (if you have the courage) and face the people you committed the crimes against.

Failing that, we'll see how many of the millions of people who have fallen victim to hackers and virus writers sign MY petition shall we?

Regards

E

@ "E - Sys Architect" - you appear to be misinformed about this extradition case.

Firstly, Gary McKinnon is, regardless of any media reports, still innocent until proven guilty, on actual evidence or witness testimony which can be cross examined in a Court.

Gary has not even been charged, let alone tried or convicted of any crime.

None of the extensive legal proceedings and appeals so far have dealt with the alleged facts of the case, only with general points of extradition law.

This case has nothing whatsoever to do with computer viruses, so whole sections of your comment are irrelevant.

Leaving a note on a single computer desktop, which is not visible to anyone else remotely, is not in the same league as, for example, the defacement of a public web server home page, something which has happened several times to US Military systems, in the getting on for eight years since Gary was arrested.

He is not being prosecuted for "taunting" anyone, something which is not even a crime in the USA or elsewhere.

Millions of Americans have criticised the administration of President George Bush and US Military incompetence, to a far wider audience, in far stronger terms, than those which Gary is alleged to have used. Would you like to throw them all in prison as well ?

Gary has always been willing to face a UK Court and to take any proportionate punishment that his relatively minor infractions deserve, so your claims that he is somehow seeking to get off scot free, are simply false.

The medical diagnosis of Asperger's syndrome came years after the legal proceedings started against Gary and does not actually affect the issues of British sovereignty and the unfairness of the one sided Extradition Act 2003, criticism of which is a mainstream political issue.

You have not made any coherent argument about why Gary should not face trial in the United Kingdom, under the UK Computer Misuse Act 1990, instead of being extradited to the USA, as previous alleged hackers have. (no US or UK hackers or cyber criminals have actually ever been extradited to any foreign country).

What should the punishment be for the inept or corrupt senior US Department of Defense, senior Military commanders and their private sector IT sub contractors, who allowed so many US military systems to remain vulnerable over the internet, not for a short window of opportunity of a few hours or days, but literally for years and years ?

A trial in the UK would probably not bother calling them as witnesses to be cross examined, and they could not be forced to attend.

A trial in the USA will, at the very least , lead to dozens of them being "named and shamed" in a civilian Federal Court.

That is why the UK and US Governments spent so much time and taxpayers money in getting specialist legal advice about the possibility of a Military Tribunal, or a Federal Court invoking Special Administrative Measures, as used in espionage and terrorism cases, which would prevent such public embarrassment, but which cannot be regarded as a fair trial, by normal standards.

You are free to set up whatever sort of petition website you choose, but you are unlikely to get many genuine signatories

Why should US taxpayers waste any more money on this case , which has so obviously not had any deterrent effect whatsoever on the vast number of "cyber attacks" since 2002 ?

If your website permits comments, both for and against, as this web blog does, then we will link to it.

However, be warned, moderating the crazies and the illegal comments you will get, from both sides, will take a lot of time and effort.

@ E - Sys Architect

* Gary is not trying to escape justice - he only wants a trial in his own country.

* Sixty years for walking a directory tree and leaving a note informing admins their security is

bad is not fitting for the crime - Gary deserves a fair sentence.

* Hackers are not bad people, they are people who test technological limmitations - without this

element no vulnerabilities like default administrator accounts would ever be fixed.

* The governments of the world implement cyber attacks that are actually designed to do damage to

other nations not just surf directories goes unpunished - yet media spin doctors target

individual hackers as bad to smear the truth.

* The national security of usa prior to 911 was so lax that even a child could enter the network

and people from all over the world were online - the american people are being played a fool by

their own government.

* Ah denial, your own government caused 911 and just like hitler the whole nation is poised

against a ficticious enemy just like pupets you attack for control of oil - the truth hurts so

get over it and redirect your anger to the source be a man and get control of your government

before they make an even bigger international embarassment.

* Supporting that, open government accessible to all citizens (not just hackers) will show the

millions of people who have fallen victim to the lies and information hiding that has been going

on for centuries causing war environmental destruction and poverty at the hands of the people we

have placed our trust - and make them deal with their crimes against humanity -

Elle Hart, Elec.Eng.Tech.

Elle

Please provide EVIDENCE for your claims about 9/11 otherwise feel free to "get over it" yourself :-)

Thanks

@stu

Q What kind of evidence are you thinking? And I'll see what I can do...

Elle

Pleased to see that the seemingly inevitable type process has been stalled. The guy has quite obviously suffered enough. Honesatly these sadistic so and so's in 'power'. Time surely to forget the whole ridiculas matter by means of the Privy Council?..and then turn to the much much more serious issue of war criminals in power, or scurrelous MI5 liars and torturers..and thus why the government doesn't just forget it.

Important that people dont forget to see the wood for the trees - the big picture...and its great to see the game unravelling for the government/MI5 etc at present.

Easy Gary - I would say that you are safe now m8.

Blessings

@ Elle and Stu - only if it is directly relevant to the Gary McKinnon extradition case please.

@ Jim - this Labour Government has made no promises to keep Gary "safe" whatsoever, just the opposite. The promises that they do make, they often break.

The Conservative opposition may or may not be better, if they win the forthcoming election, but they have made no firm promises about Gary either, in spite of their willingness to amend or repeal the Extradition Act 2003, something that will take months or years to accomplish.

Since the US authorities, even under a new President, have not softened their demands at all, do not get your hopes up too soon.


Nick Clegg and the Lib Dems have publicly promised they will not extradite Gary.

So if there's a hung parliament Gary will stand a good chance of being kept and tried in the U.K by a jury of his peers which is his right under the Magna Carta.

You Gary critics out there are nuts. Have you ever heard of something like 'punishment should fit the crime'? Gary should be released right now, and given a job with US national computer security. This case is a serious miscarriage of justice....they just want to make an example out of him.

Gary- in the US, juries dont have to follow the law, no matter what judges may say. Its called "Jury nullification" A juror can judge the law itself, and not the person/deed. Gary, use jury nullification if you have to, and you should walk. the jury only has to decide that the law is bad, and your free.

I'm unsure how it would apply in a military court, though.

good luck

"Peiter Zatko--a respected hacker known as "Mudge"--has been tapped to be a program manager at DARPA, where he will be in charge of funding research designed to help give the U.S. government tools needed to protect against cyberattacks, CNET has learned. "

Gary should be hired on with some high profile government organization or corporation instead of being a poster boy for US Extradition.

http://news.cnet.com/8301-27080_3-10450552-245.html

The Register reports that 25-26 May is when Gary McKinnon's latest Judicial Review will be heard i.e. almost certainly after the General Election

McKinnon gets a date for 'final' appeal

[...]

The date of a two day hearing before two senior judges has been set for 25 and 26 May, McKinnon's mum said last Friday. A ruling can be expected to follow two weeks or so later, by which time a general election will almost certainly have taken place. If opinion polls are to be believed, this is likely to leave Britain with a new government, a factor that may well play to McKinnon's favour. The opposition Tories have tabled debates against the US-UK extradition treaty calling for its reform, in support of McKinnon.


Gary has an ethical issue. The U.S. government is wrongfully persecuting him. Therefore, why should he go to work for them? Also, being prosecuted by the U.S. means that Gary is already serving U.S. interests. But, they're not compensating him. Gary should go to work for the U.K. government. He should be in the U.K. government's face every day, demanding a job.

I need serious help. My subscription to

http://www.phystechsoft.com/subscribe.php

is always blocked. Windows is America's Operating System. PTS-DOS is approved by the Russian Military. I suspect that some rogue elements in American intelligence are promoting the American Operating System and interfering with Americans' Constitutional Right to use PTS-DOS. Would someone kindly have the Russians contact me? I'm a DOSSER. Thanks.

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.

Write in support of Gary

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

Write to US President Barack Obama

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.

Extradition Watch

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Extradition Watch campaign to reform the Extradition Act 2003 by Liberty Human Rights .

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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.

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Recent Comments

  • Honeybear: Gary has an ethical issue. The U.S. government is wrongfully read more
  • fg: The Register reports that 25-26 May is when Gary McKinnon's read more
  • Elle: "Peiter Zatko--a respected hacker known as "Mudge"--has been tapped to read more
  • Dave: You Gary critics out there are nuts. Have you ever read more
  • Joe: Nick Clegg and the Lib Dems have publicly promised read more
  • fg: @ Jim - this Labour Government has made no promises read more
  • fg: @ Elle and Stu - only if it is directly read more
  • Jim: Pleased to see that the seemingly inevitable type process has read more
  • Elle: @stu Q What kind of evidence are you thinking? And read more
  • Stu: Elle Please provide EVIDENCE for your claims about 9/11 otherwise read more
  • Elle: @ E - Sys Architect * Gary is not trying read more
  • fg: @ "E - Sys Architect" - you appear to be read more
  • E - Sys Architect: Gary, I feel really bad for you. However (and this read more
  • jb: tis a travesty of justice /--guilty ones are the pentagon read more
  • fg: @ Elle - they are not in the anti-spam filter read more

Photos of Gary

Gary_McKinnon_150_min.jpg

Gary_McKinnon_Bow_Street_Magistrates_24_Nov_2005_600.jpg Gary McKinnon outside Bow Street Magistrates' Court, London, 24th November 2005

Bow_Street_Magistrates_Gary_McKinnon_24_Nov_2005_600.jpg Gary McKinnon outside Bow Street Magistrates' Court, London, 24th November 2005

Gary_McKinnon_Janis_Sharp_15Jan2009_150min.jpg Gary McKinnon and his mother Janis Sharp at the Doughty Street Chambers press conference 15 January 2009

Gary McKinnon and his mother Janis Sharp at the Doughty Street Chambers press conference 15 January 2009 (click the image for a larger version in a new window)

gary-janis-mayday_150.jpg Gary McKinnon and his mother Janis Sharp at the May Day Bank Holioday 2010 balloon release event event near the Houses of Parliament

Gary McKinnon and his mother Janis Sharp at the May Day Bank Holiday 2010 balloon release event event near the Houses of Parliament (click the image for a larger version in a new window)

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

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.

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 !

About this blog

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 ten 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. N.B. With the good news that Gary will not now be extradited to the USA, this blog will continue to raise awareness of the issues raised by Gary's case and others who have suffered unjustly through the UK's one sided extradition arrangements with the USA and to a lesser extent, Europe.

Email Contact

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.

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Follow Gary's mother on Twitter

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Gary McKinnon's mother, Janis Sharp is indefatigable in support of her son, and is now using Twitter to help to keep friends and supporters informed. You can follow her "tweets" at:

https://twitter.com/JanisSharp/

https://tweetstorm4gary.wordpress.com/ #TweetsStorm's in support of Gary Mckinnon.

Media Links and Videos

Links to media interviews and video clips about Gary McKinnon's extradition case, featuring Gary, his mother Janis Sharpe and other supporters, can be found at:

http://www.londontv.net/latestnews.htm

Petitions in support of Gary McKinnon and others

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.

Blog Links

Spy Blog - Privacy and Civil Liberties commentary and campaigns

Rat's Blog - The Reverend Rat comments on London street life and technology

Dr. K's blog - Hacker, Author, Musician, Philosopher

Legal Links

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

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:

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)

Other Links

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.jpg
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.

Gary the musician

Gary McKinnon is, amongst other things, a musician and songwriter.

You can download a couple of his songs from the low budget film Lunar Girl which was produced in 2001.

The video from this film of Only Fool, still available on YouTube, was very popular on MySpace, until it got censored.

How not to research a thesis on Gary McKinnon

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