Bell Yard Clients

Gary McKinnon

Gary McKinnon and Extradition: Bell Yard continues to work to highlight the insidious nature of the US/UK extradition arrangements and to this end has worked pro bono to help Gary McKinnon in his fight against extradition to face charges of computer hacking and criminal damage.

Gary's case serves as an example of many of the consequences of the 2003 Treaty. He has been diagnosed with Asperger's Syndrome and experts have stated he will suffer considerably and is at risk of suicide if he faces trial and imprisonment abroad, away from the security of his support network of family, friends and carers.

Regrettably, the Home Secretary has not seen fit to reconsider Gary's extradition order in the light of his Asperger diagnosis. Fortunately a Judicial Review of this decision is to be heard on 9 June.

Since Gary's activity took place on UK soil, the UK could choose to prosecute him for his actions in this country, thus removing the extra risk to his health whilst ensuring justice is done. However, the DPP took the decision not to prosecute Gary in the UK because the evidence in the CPS' possession does not come near to reflecting the criminality that is alleged by the American authorities.

That the CPS has limited access to the alleged evidence is the very crux of the imbalance of the 2003 Treaty. For while the UK is required to present ‘probable cause' in order to extradite a US citizen from the US, the US can make its charge against Gary without presenting any evidence to the UK authorities. Mere ‘information' leading to the suggestion of criminality is deemed sufficient.

Bell Yard will continue to draw attention to the absurdities of the Extradition Act 2003, working with politicians, human rights organisations and others, all of whom concur with the principle of British justice for British citizens and that the UK should not be subcontracting its criminal justice system to foreign jurisdictions for reasons of convenience or political expediency.

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