Action For Autism

Supporting Autistic People

Gary McKinnon - campaign update

Gary McKinnon is an autistic adult and a UK citizen with an obsessive interest in UFOs. This led him to hack into US military computer networks looking for evidence of a cover up. As a result of his actions the US government is seeking his extradition. There is an account of the whole affair on Wikipedia

I believe that Gary McKinnon should be tried in the UK and serve his sentence here. It is up to the judge to decide whether or not his Asperger’s Syndrome is a mitigating factor when passing sentence.

I share concerns that if he is extradited to the USA and treated as a terror suspect his mental health will suffer. His autism ill befits him to cope and there are professional concernss that he may become suicidal if the extradition goes ahead. Therefore I am supporting the campaign outlined below and urge you all to do the same.

The campaign website carries more information.

The National Autistic Society is also supporting Gary McKinnon’s campaign against extradition.

For immediate release ………………………………….. Wednesday 6 January 2010

Online Campaigners Show Support for Gary McKinnon
Text GARY to 65000 to join petition

Two major online campaigns - a text petition and the “Chicago” song download - are being launched this week demonstrating continued, and widespread, public opposition to the extradition of Gary McKinnon.

Time is running out for Gary as he nears the end of legal challenges in the UK courts.

The text petition, spearheaded by Janis Sharp, Gary’s mum, and key supporters, urges voters to text “Gary” to 65000, by way of demonstrating their support. Evidence of petitioner numbers will be sent on a regular basis to the Home Secretary, as well as to the Conservative & Lib Dem Shadow Home Secretaries in this, an election year.

The ambition is two-fold, first to give voters an opportunity to directly manifest their frustration at a lack of protection for vulnerable UK citizens such as Gary, and second to encourage the main political parties to reform our imbalanced extradition arrangements as part of their manifesto pledges.
Meanwhile via a Facebook and Twitter campaign, Janis is asking Gary’s supporters to download the song “Chicago” recorded last year, with and for, Gary, by international musicians David Gilmour, Bob Geldof and Chrissie Hynde.

Janis said:
“The support and compassion shown by members of the public has been a tremendous boost during our 8 year fight to ensure Gary faces justice in the UK.

“I hope this text campaign helps stir the Government from its stupor of inactivity which is simply fuelling the public’s sense of outrage at the unnecessary cruelty of the situation.

“Gordon Brown wrung his hands over the execution of a mentally ill British drugs carrier in China. Yet he and his government remain complicit in the US authorities’ hounding of my vulnerable son, despite knowing that, for Gary, extradition amounts to nothing less than a death sentence, given his growing mental instability.

“Why can’t the UK just ask our supposedly strongest ally, President Obama, to show clemency towards Gary by cancelling the extradition request and allowing a UK prosecution?

“Sending a text takes seconds. Intervening takes moments. Gary has lived in anguish for years.

“As for the music campaign, I hope President Obama will listen to the reworded version of “Chicago” which is a direct plea to him. If he personally learns of Gary’s plight perhaps he may show compassion of his own accord, and allow my son to be tried in Britain.”
Last month, Gary’s legal team filed an application for judicial review of the Home Secretary’s most recent decision not to halt extradition despite overwhelmingly compelling evidence of Gary’s mental deterioration, and expert warnings of the onset of psychosis and probable suicide that his extradition would trigger. The courts are still considering this Judicial Review application.
ENDS

For further information, please contact:
Melanie Riley, Bell Yard Communications +44 (0) 20 7936 2021
melanie@bell-yard.com +44 (0) 7775 591244

The reference to “imbalanced extradition arrangements” refers to the most recent treaty (2003) between the UK and US governments. This treaty does not apply in Gary’s case. If it did he would already have been extradited with no option to challenge the decision in the UK courts. I added this comment in an earlier post on the subject.

The extradition treaty between the USA and the UK that has been ratified by both countries dates from 2003. Under its provisions either the UK or the USA can request extradition if an offense has been committed that is punishable in both countries by a minimum sentence of 1 year in prison. The lack of reciprocity resides in the fact that the UK is obliged to deport subjects who are suspected of an offense in the USA. Unlike the UK, Americans are not subjects of the crown butcitizens of their state and enjoy the protection of its constitution. One of the provisions of that constitution is that citizens can only be deported if prima facie evidence is presented before the US courts.

Prior to 2003 UK subjects also had this protection. The USA had to show their evidence to a UK court before a deportation order could be made. That is why Gary McKinnon is still in this country. His offense was committed before 2003 and so he has been able to challenge the deportation order through the UK courts.

As the treaty does not apply to Gary I am not convinced that tying his case to a campaign for a fairer treaty will help him. As I see it Gary’s problems do not arise from failings in the law but in the aversion of the UK authorities for any form of public disagreement with the USA over questions of security and anti-terrorism activities.  This is mirrored by the increasing restrictions on civil liberties being enacted in UK law. I agree with Henry Porter that 2009 was a bad year for civil liberties and like him I hope that in this election year we will have the opportunity to Vote for liberty and rights in 2010.

January 7th, 2010 Posted by Mike | Law and Order, campaigns, politics | 12 comments

12 Responses to “Gary McKinnon - campaign update”

  1. Social comments and analytics for this post…

    This post was mentioned on Twitter by convivir: Support Gary McKinnon Text GARY to 65000. http://actionforautism.co.uk/2010/01/07/gary-mckinnon-campaign-update/...

  2. freegary now! Http://www.freegary.org.uk

  3. [...] sneer at neurodiversity it acknowledges some of the concerns of autistic adults. It is supporting Gary McKinnon’s campaign against extradition to the USA. It boasts Temple Grandin on its editorial board and publishes [...]

  4. For one so punctilious about facts as evidenced by your last post on Polly Tommey, I can’t help but feel the need to highlight your statement

    “I share concerns that if he is extradited to the USA and treated as a terror suspect his mental health will suffer.”

    Gary McKinnon is charged under plain old vanilla civilian law. He will face a civilian court, with a civilian jury. And to suggest anything else is drinking Melanie’s Kool Aid

  5. Socrates
    and then he will be sentenced to a term of imprisonment in a civilian prison like other convicted terrorists. Perhaps I should have written “terrorist” instead of terror suspect. How do you suppose the US authorities are going to treat a foreign national who damaged their military computer systems in the wake of 9/11?

  6. “How do you suppose the US authorities are going to treat a foreign national who damaged their military computer systems in the wake of 9/11?”

    Like a very naughty boy, I’d imagine. However, with the media spotlight on him, the American’s are unlikely to let him come too much harm.

    If he’s very lucky they’ll take into account the opinion, endorsed by McKinnon’s Mother, of Geoffrey Robertson QC, who wrote

    “So by our standards, and through our eyes, a 10-year sentence (it may be more – he faces charges carrying up to 60 years) on Gary McKinnon would be wholly disproportionate especially since the crime was committed almost eight years ago and driven by an undiagnosed disorder over which he could have no control.”

    I don’t myself recognise this description of Asperger’s - despite being considerably more disabled than McKinnon.

    We’ve been through all this before with the NatWest 3
    - who co-incidentally had the same PR guru as McKinnon, Melanie Riley. The predicted life terms for the men in a Federal Super Max Prison turned out to be 25 weeks in a low security drunk tank and back home to Blighty. Total time served 18 months.

    But anyway, he’s probably not going anywhere; the betting’s on him throwing a tantrum and getting Sectioned until a more compliant Home Secretary is installed.

  7. http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/6982610/Gary-McKinnon-wins-judicial-review-of-extradition-decision.html

  8. Its fantastic news and affects Autism sufferers in the UK and Europe !
    Gary can have Alan Johnsons decision reviewed ! http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/6982610/Gary-McKinnon-wins-judicial-review-of-extradition-decision.html

  9. Is this the same cliffshull that called me “Arseburger” for disagreeing with him?

  10. Thanks for sharing this educational post on Gary Mckinnon campaign.

  11. Socrates,

    Gary did not damage any computer systems.Anyway,they left
    the back door open,like they did on 9/11.
    Gary’s case highlights a central injustice;let him face
    trial in the UK.America does not even need to present a prima facie case.It’s absurd.Letting him hang out for eight years is tantamount to mental torture.
    You sound gloatingly insensitive. How can one guy take the flack for a completely inept security protocol?
    Or is the concept of justice and fairness alien to you?

  12. Please support this very important petition.

    Judges are making too many wrong decisions which are seriously affecting innocent people. They are ignoring the law and not basing their decisions on point of law. Judges should be forced to make their decisions on point of law.

    Please join my petition at: http://www.ipetitions.com/petition/justice_not_injustice/

    This is a very important petition to bring back everyones rights to justice in court, please therefore sign it as soon as you can and ask as many of your friends, family, associates and members as you can to sign this. I am aiming to get as many signatures as possible as quickly as possible to force the government into action urgently because the state of our judicial system is a disgrace, too many innocent people are suffering and will continue to suffer until we can force the government to sit up and take notice.

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