The Conservative - Liberal Democrat coalition government is allowing members of the public (that means you!) to have a say in a review of the appalling mess which the incompetent and authoritarian previous Labour government made of the whole process of Extradition:
Remember that there was no public consultation whatsoever, and no informed debate and careful scrutiny in Parliament either, when the notorious and twice disgraced David Blunkett forced through the Extradition Act 2003 into law, which he and his apparatchiki then applied retrospectively to Gary McKinnon and to other cases. such as the Nat West 3 Bankers and Babar Ahmed. etc.
Your views on extradition wanted
Monday, 08 Nov 2010
Members of the public can have their say on a review into the UK's extradition arrangements from today.
Extradition is the process which allows countries to make formal requests to each other for the return of suspects to stand trial for a crime in the country it was committed.
An independent review of the UK's extradition laws was announced by the Home Secretary in September. As part of that review, the public has until 31 December to contribute views.
Efficient and fairThe review panel is being led by the Rt Hon Sir Scott Baker and is focusing on five areas to ensure that the UK's arrangements work both efficiently and in the interests of justice. These areas are:
* the Home Secretary's powers to stop extradition
* the operation of the European Arrest Warrant, which deals with extradition requests between European countries
* where a crime is mainly committed in the UK, whether the person should be tried here
* whether the US-UK Extradition Treaty is unbalanced
* whether requesting countries should be required to provide sufficient evidence to prove an allegationYour views
The panel would like to hear from anyone who may wish to contribute to the review. You can put forward your views by email to: extradition.review@homeoffice.gsi.gov.uk.
The closing date for contributions is 31 December 2010.
The panel is supposed to report by "summer 2011" and comprises of:
Sir Scott Baker will lead review of extradition
[...]
The Rt Hon Sir Scott Baker was called to the Bar in 1961, and practised in a range of legal areas, including family finance cases and professional negligence. He became a Recorder in 1976 and was appointed as a High Court judge in 1988. In 1999, he presided over the trial of Great Western Trains following the Southall rail crash in 1997. He became a Lord Justice of Appeal in 2002 and went on to preside over the inquest into the death of Princess Diana. He also sat regularly in the Divisional Court hearing appeals and judicial reviews in extradition cases. He also tried Jonathan Aitken in 1999.
David Perry QC is a leading barrister in the field of extradition who is regularly used by the Crown Prosecution Service. From 2001 to 2006 Mr Perry was Senior Treasury Counsel prosecuting in a range of high profile cases.
Anand Doobay is a partner at Peters & Peters and has a wealth of experience in the field of judicial co-operation. He has focused in recent years on representing the subjects of extradition requests to the UK with a particular expertise in Russian cases. He is a co-author of 'Jones and Doobay on Extradition' published by Sweet and Maxwell. Mr Doobay is a trustee of Fair Trials International.
Many of Gary McKinnon's supporters have sent in written arguments which touch on one or more of the terms of reference of this review, but they were all ignored and treated with contempt by the Labour politicians and their Whitehall appartchiki.
If you can spare a few minutes to email The Rt Hon Sir Scott Baker via extradition.review@homeoffice.gsi.gov.uk. then please do so.
There is nothing in this review which limits input solely to United Kingdom citizens, the panel would be unprofessional if they ignored the views of foreigners who are affected by the current British Extradition law mess.
UPDATE 4th January 2011:
it seems that the deadline for sending in your views has now been extended until the end of this month - Monday 31st January 2011
See:
https://twitter.com/#!/ukhomeoffice/status/22328608139771904
and the updated
http://www.homeoffice.gov.uk/media-centre/news/views-extradition
3113
Time to do some heavy research on extradition and to review every historic reference on every known incidence of the extradition process and application...let's see what we get...
Then to cross - reference this with the notion of the definition of "national" and what it means to belong to a specific country, the benefits and charters.
Add the UN theory of human rights and take notice if we have any conflicting legal protections and guarantees...
HA :: I know where this is going already :: the law is likened to a snake consuming itself... legal theory on the head and the opposing 90 degree application of that theory on the tail.
3113
Check this out Gary = Apparently some of the recent posts on Wikileaks ( the ones the US threatened about recently - not the other war ones ) shows another angle that may be useful for you and your legal team... enjoy... PS::FREE GARY !!! HACK THE PLANET !!!
http://www.pcadvisor.co.uk/news/index.cfm?newsid=3251046
Elle
Eochaidh "Honeybear" OghaChruithne
Check out today's "The Telegraph"
http://www.telegraph.co.uk/news/worldnews/wikileaks/8170195/WikiLeaks-Gordon-Browns-personal-plea-for-hacker-Gary-McKinnon-to-serve-sentence-in-Britain-rejected-by-US.html
Is it alright for me to hate my government? When is it alright for me to hate my government? I know it's inappropriate for foreign nationals to answer those questions, but, they had to be asked.
Do all of us owe Gordon Brown an apology? I think so. IT's interesting that the U.S. government dropped the part of the indictment involving private companies. Those companies were probably "front companies" of the C.I.A.
Eochaidh OghaChruithne
For PM Brown to have asked both the U.S. Ambassador and Secretary of State to allow Gary to plead guilty and then serve his sentence in the UK meant that doing so was allowable under the extradition treaty. He wouldn't have done something as stupid as to ask the U.S. to agree to something that wasn't allowed. No PM is that ignorant; neither would his cabinet allow him to embarrass himself that way. Therefore, turning down the PM's request tells us something about the so called "Special Relationship." I highly respect Brown for not allowing Gary to be sent to the U.S. even though he was unable to stand up to the U.S. in a simple matter of common-sense.
fg
September it is:
Elle
I think that I am getting the big picture here.
The big picture being it is OK to abuse the human rights of a foreigner, not a citizen.
Same on extradition and torture - you can abuse human rights of a foreigner, not a citizen.
In programming we call this a loophole. A way to get things done in a round about way. In hacking we call this an exploit. A way to achieve something outside the accepted limitations.
The law being easily morphed into a tool to protect only the few and abuse the rights of the many perhaps?
As the guantanamo is reopened and made available to foreign governments.
http://www.eurasiareview.com/opinion/opinion-opinion/supreme-court-reopens-israel%E2%80%99s-guantanamo-21012011/
I question the british resolution here with regards to the UNCAT - be careful is my
advice...
3113
Elle
Considering the facts. The Government and Law Enforcement assume full access and immunity, abuse of citizen civil liberties, HR rights infractions and other legal idioms naturally occur.
"Type and Frequency of FBI Intelligence Violations
* From 2001 to 2008, of the nearly 800 violations reported to the IOB:
o over one-third involved FBI violation of rules governing internal oversight of intelligence investigations.
o nearly one-third involved FBI abuse, misuse, or careless use of the Bureau’s National Security Letter authority.
o almost one-fifth involved an FBI violation of the Constitution, the Foreign Intelligence Surveillance Act, or other laws governing criminal investigations or intelligence gathering activities.
* From 2001 to 2008, in nearly half of all NSL violations, third-parties to whom NSLs were issued — phone companies, internet service providers, financial institutions, and credit agencies —contributed in some way to the FBI’s unauthorized receipt of personal information.
* From 2001 to 2008, the FBI engaged in a number of flagrant legal violations, including:
o submitting false or inaccurate declarations to courts.
o using improper evidence to obtain federal grand jury subpoenas.
o accessing password protected documents without a warrant.
"
https://www.eff.org/pages/patterns-misconduct-fbi-intelligence-violations
Perhaps the inflated allegations, illegal ISP records and abuse of due process are an issue in Gary's case?
fg
@ Elle - neither the FBI nor the Secret Service were involved in the cyber crime investigation into Gary's case., which was investigated by several,, far less experienced military investigation teams.
The FBI were involved through their Legal Attache at the US Embassy in London (Ed Gibson, who like several of the people involved in this case, went on to work for Microsoft) with the appalling Extradition process.
Eochaidh OghaChruithne
Gary has been doing the ethical thing from the beginning. The U.S. government is suppressing Extraterrestrial technology that will end the suffering and death of hundreds of millions of people. The following is more proof of that and that the British government has at least one shred of decent which is preventing it from sending Gary to his death in America.
http://www.ufo-blogger.com/2011/01/soho-ufo-nasa-caught-doctoring-soho-ufo.html
The following web page is a bit technical but it provides evidence that a certain American corportation and certain former America law enforcement/intelligence agents, some of whom worked previously at a certain embassy in London, are part of the ufo nasa cover-up.
http://thegoshinyamajujutsuandcomputerclub.netfirms.com/pdccdosg.htm
Eochaidh OghaChruithne
fg, elle was right about:
"Perhaps the inflated allegations, illegal ISP records and abuse of due process" [involving the F.B.I.] "are an issue in Gary's case?"
=================================================
By Steven Swinford 9:00PM GMT 09 Feb 2011
WikiLeaks: Egyptian 'torturers' trained by FBI
http://www.telegraph.co.uk/news/worldnews/wikileaks/8314475/WikiLeaks-Egyptian-torturers-trained-by-FBI.html
According to leaked diplomatic cables, the head of the Egyptian state security and investigative service (SSIS) thanked the US for “training opportunities” at the FBI academy in Quantico, Virginia. The SSIS has been repeatedly accused of using violence and brutality to help prop up the regime of President Hosni Mubarak. In April, 2009, the US ambassador in Cairo stated that “Egypt’s police and domestic security services continue to be dogged by persistent, credible allegations of abuse of detainees.
=================================================
I remember years ago reading that while some F.B.I. "SPECIAL" agents transported one of the "suspects" in the U.S. Cole bombing, that the F.B.I. accidentally broke both of the "accused's" wrists - "Sorry about that old chap." I was SO impressed with the professionalism of America's premier law enforcement agents who were transporting a "suspect" to America for a "FAIR" trial that was to be held to determine his quilt or innocence, that I stopped trusting my government.
B.T.W., fg, the F.B.I. is involved in all U.S. Federal criminal investigations involving foreign nationals, as well as those involving the U.S. military that involve non-military personel. Gary is subject to F.B.I. abuse.
fg
@ Eochaidh OghaChruithne - No ! The FBI was notable for their absence during the investigations into Gary's case, it was an alphabet soup of various Army, Navy. Air Force, DoD and NASA units, all competing for federal budgets and kudos, which were involved.
http://www.justice.gov/criminal/cybercrime/mckinnonIndict.htm
Elle
May I elaborate. Since participating in the annual DC3 event in the Forensics area, I was made aware of how extensive the forensic science related to computer crime is. My reference was to whom was hired to or who was employed to analyze and gather evidence that substantiated the numerous allegations on Gary McKinnon. Due to the fact that this evidence is extremely difficult to analyze and that the evidence must be preserved in a specific manner, legal professionals must be made aware that evidence that is used as a basis for cyber crime MUST be,
1. gathered and stored in a specific manner
2. carefully analyzed by QUALIFIED personnel.
Not only is the actual validity of an allegation due to this analysis, but more-so the very basis of an allegation is subject to PERSONAL OPINION of an analysis.
Legal professionals should hire their own qualified professionals to re-analyze and question the Defense evidence as much of the allegations may be NOT VALID.
http://oai.dtic.mil/oai/oai?verb=getRecord&metadataPrefix=html&identifier=ADA365606
Eochaidh OghaChruithne
The F.B.I. had illegal drugs investigation forcibly take away from them and given to the D.E.A., because of previous fumbling of drugs cases. Before that, Director Hoover prevented the F.B.I. from investigating Organised Crime because his accountant-agents couldn't handle the temptation of all that money involved -OR- the Boss of All Bosses, in Chicago at the time, had pictures of J Edgar dressed up as Vivian Vance. Now, you tell us that the the F.B.I. is being kept away from investigating Cyber-Crime, at least in Gary's case????
You'd have to a pretty good reason for that one. The F.B.I. has dozens of bases overseas. Have you let slip that the D.O.D. has pushed aside the F.B.I.? Yes, you may be right. I was tortured by U.S. Army personel while I was on active duty. It probaby involved MK-Ultra. I complained to the F.B.I. in the mid-70's about it, after I received an Honourable Discharge. The agent told me that the F.B.I. couldn't do anything. But, they did put me on a list. Then last year, I personally wrote Director Mueller about more human rights violations against me by the U.S. Department of Veterans' Affairs connected to the Military abuse in the 70's. The two agents told me they can't do anything about the V.A. and that they can't access my V.A./Military records, even with my permission, even to investigate a crime and if they have to come to my home again for any reason, it will be to arrest me.
I knew what I was writing about when I expressed a worry that Gary may be shot by American government assassins. I suspect that I murdered a U.S. citizen near Ft. Campbell, Kentucky while I was on active duty in the Army and undergoing mind control. This may be confirmation that the F.B.I. has its hands tied when it involves the Military, even in the U.S.
Are you, fg, willing to state that's somethings up with the D.O.D. and the D.O.J.?
fg
@ Eochaidh OghaChruithne -
The press release above is from November 2002 and it has been referenced on this blog several times before.
Presumably once each of the US Military armed forces bureaucracies had created their own computer crime investigation teams, they needed to justify their existence in terms of manpower and budgets by keeping the FBI and the US Secret Service, (which used to investigate cyber crime / potential espionage) out of it.
No doubt the FBI cyber crime teams were then, and are still, overstretched with all the other criminal investigations involving thefts of money or threats of terrorism etc., obviously none of which applied in Gary's case, so they were happy enough to let the alphabet soup of inexperienced military units take over this case.
Perhaps if the FBI had been involved, 10 years ago, the investigation would not have taken 17 months, an inordinate amount of time given the lack of counter measures Gary appears to have taken to hide his activities.
You seem to have had more dealings with these people than anyone here in the United Kingdom would normally have.
I can state that they are vast government bureaucracies full of petty rivalries and "little hitler" empire builders, who often see their sibling agencies and departments as the more dangerous enemies, because they compete for power, influence and budgets in Washington. Hyping up and exaggerating "foreign cyber threats" helps to squeeze more money out of the gullible or complicit politicians in Congress.
Or am I misreading all the US tv imports we get here in the UK like "NCIS" or "CSI" / "CSI New York" / "CSI Miami" etc. ?
Gary's case has been used as evidence to lobby for more government money to be spent on, or wasted on, IT security in the military and the rest of the US government.
By the way, you and Elle appear to have forgotten the case of Vasilii Gorshakov and Aleksei Ivanov, two Russian cyber criminals who were trying to get money out of Michael Bloomberg and his financial news service (before he became Mayor of New York) . They were lured into stepping into US jurisdiction through a fake job interview and convicted in 2001.
However, whilst they were in the USA, the FBI used a password sniffer to steal the logon credentials of their computers back in in Russia and then to hack into and steal "evidence" from them, after failing to bother to get Mutual Legal Aid treaty assistance from the local Russian authorities.
The Russians authorities were rightly furious that a foreign intelligence agency (the FBI) had just hacked into Russian computer systems, without notifying them or getting permission to do so, and then had bragged about it in public court proceedings.
The Chelyabinsk branch of the Federal Security Service (FSB the old KGB equivalent of the FBI), opened a criminal case against FBI Special Agent Michael Schuler and were demanding his extradition to Russia, something which the US Government has magically ignored.
http://www.legalaffairs.org/issues/May-June-2002/feature_koerner_mayjun2002.msp
http://www.crime-research.org/news/2002/08/Mess1801.htm
That case illustrates the difficulties of cross border internet crime investigation and the arrogant attitude, bordering on institutional racism and xenophobia, of the US authorities with regards to foreigners. (N.B. the same applies to the Russian authorities as well)
Eochaidh OghaChruithne
I should be dead, according to you, I'm not, because:
"...vast government bureaucracies full of petty rivalries and "little hitler" empire builders, who often see their sibling agencies and departments as the more dangerous enemies, because they compete for power, influence and budgets in Washington..."
That explains the attempts on my life which should have succeeded and which were ignored by the police. So, Gary and I should not play the game to win (so that the world makes sense), but play to continue playing.
Gary and I should be ecstatic that our separate cases will never be resolved. In fact, the U.S. government will make sure that we always have enough of everything we need, because it needs us as well. Awesome.
Last year I stole a U-Haul truck, just to jab the F.B.I. in the ribs and try to resolve my matter, but as usual, there was no response. I don't pay my Federal income taxes either and the non-response is even more profound.
If Gary was a U.S. citizen, he could feed off of the beast while the beast was feeding off of him. It might even pay for his vitamins and eternal-youth drug therapy to keep him and it going for as long as possible.
If things were done right and they should be, Gary's case would have been resolved long ago and his family would not have been punished as well.
It all started with the Tucson Ring that promoted perpetual war in order to continue selling hay to the Army and it's been going on ever since. Its the way the U.S. political system is set up. The problems with the American system you describe above, both internally and with the Russians and America's foreign treaties are systemic. It'll just get worse until the U.S. runs up against the wall and has no other way to get what it wants, than to cooperate with other nations and people, as equals. Until then, I'll continue fighting for Gary McKinnon.
fg
@ Eochaidh OghaChruithne - please rephrase
which can be read ambiguously, depending on where you put the stress / pauses after the commas.
I cannot see how that would influence the different bureaucratic branches of government to listen to your grievances. Please do not claim that Gary was somehow involved in, or supports such actions.