Sunday 23 October 2011

the extradition review 2011

THE EXTRADITION REVIEW WHITEWASH

What the review utterly fails to address is that under the wretched Labour government's Extradition Act 2003, there is no longer any opportunity for the UK accused to have their lawyers cross examine the alleged evidence or allegations brought against them by the US authorities. In Gary McKinnon's case this resulted in the grossly exaggerated claims of nearly 1 million dollars financial damage (the embarrassment damage to the reputation of the US military was obviously huge, but not measurable in terms of financial damage) being laughed out of court. That would have probably made the alleged crimes not even serious enough to merit Extradition in the first place.

To claim that there is no difference or inequality between USA requests for Extradition from the UK and vice versa is astonishingly perverse. If a the UK authorities want to extradite someone from the USA, they have to provide evidence which is subjected to cross examination by the defendants' lawyers. The reverse is simply not true in UK Extradition proceedings to the USA.

All the appeal court judges etc. have never been allowed to pronounce upon the admissibility or sanity of these allegations during the Extradition Act 2003 box ticking procedures, which prevent any actual consideration of the substance of the allegations or any witnesses etc. from being cross examined.

It is irrelevant whether or not Appeal Court Judges etc have been briefed on the detailed substance of the case, there has never yet been an opportunity for Gary McKinnon's lawyers to cross examine any of the evidence or witnesses against him.

The document does list various sources of oral and written evidence given to the panel, but it manages to exclude any mention of our email of evidence to the panel

Unless the Conservative Home Secretary Theresa May wants to be condemned by history as indistinguishable from her authoritarian and inept Labour predecessors, she should ignore most of the recommendations of this peculiar report.

Former shadow home secretary David Davis said "The idea that the UK/US extradition treaty is in any sense symmetrical is in defiance of the facts, and the idea that we should not require prima facie evidence before deporting a British citizen is in defiance of natural justice,".

"Both coalition parties promised to correct the systemic injustices of our extradition laws. It is time we delivered on that promise."

Flickr - projectbrainsaver

www.flickr.com
projectbrainsaver's A Point of View photoset projectbrainsaver's A Point of View photoset