Déjà vu after 20 months - PM David Cameron raises the Gary McKinnon extradition case with President Barack Obama


Back in July 2010 we reported PM David Cameron raises the Gary McKinnon extradition case with President Barack Obama

Today the BBC reports:

Cameron wants review of UK-US extradition rules

14 March 2012 Last updated at 17:44

David Cameron has said he wants to review how extradition arrangements are working between the UK and US in the light of recent controversial cases.

The prime minister raised the subject during talks with US President Barack Obama at the White House.

[...]

The BBC's political editor Nick Robinson said Mr Cameron had raised the issue about how extradition rules are operating in practice during two hours of talks at the White House on Wednesday. The prime minister is in the middle on a three-day official visit to the United States.

[...]

2003 treaty

Concerns have been raised about the 2003 US-UK extradition treaty following controversial cases involving British citizens such as Christopher Tappin and Gary McKinnon.

Concerns have been raised about the 2003 US-UK extradition treaty following controversial cases involving British citizens such as Christopher Tappin and Gary McKinnon.

[...]

Mr Tappin, a retired businessman, was extradited to the US last month for allegedly selling batteries for Iranian missiles, charges he denies.

He says he has been treated unfairly by the UK justice system and his human rights have been breached - although the extradition request was authorised by the home secretary and later approved by the High Court and Court of Appeal.

Mr McKinnon faces extradition to the US on charges of hacking into US military computer systems and endangering national security.

No !!

You would have thought that after 10 years of interviews and reporting by the BBC, they would get important details like this correct by now.

There are no allegations whatsoever against Gary McKinnon about "endangering national security"

He is not charged with any espionage or terrorism offences.

The US prosecuters e.g. Paul J. McNulty, United States Attorney for the Eastern District of Virginia, were at pains to point this out back in 2002, to reassure the public that Gary was working alone, with no foreign intelliegence agency or terrorist or organised crime connections whatsoever and that national security had not been compromised.

He admits hacking into Pentagon and Nasa computers but says he was looking for evidence of UFOs.

His family have fought a long campaign against his extradition, saying Mr McKinnon - who suffers from Asperger's syndrome - is highly vulnerable and sending him for trial in the US could seriously damage his health.

[...]

So what have Cameron and Obama actually done about the notorious US / UK Extradition arrangements over the last 20 months ?

Nothing tangible at all - the Guantanamo Bay concentation camp is stilloperating and the Extradition Act 2003 is still in force.

The Conservative / Liberal Democrat coalition Government have not even bothered to Commence the slightly amended Extradition Act 2003 section 19B Forum for Category 1 territories and the identically worded Extradition Act 2003 section 83A Forum for Category 2 territories (including the USA).

which they managed to get from the grudging Labour control freaks in the previous government, which would allow a UK Judge the leeway to give proper conderation of "legal forum":

83A Forum

(1)A person's extradition to a category 2 territory ("the requesting territory") is barred by reason of forum if (and only if) it appears that--

(a)a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and

(b)in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.

(2)For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.

(3)This section does not apply if the person is alleged to be unlawfully at large after conviction of the extradition offence

This perfectly sensible amendment to the original Act, was made via the Police and Justice Act 2006 Schedule 13 paragraph 5 (2), has deliberatley still not yet been brought into force by either the previous Labour or the current Coalition governments, even after over 5 years laying dormant on the Statute Book.