Powerful group of MPs damns 'inequality' of hacker's extradition

Published on Thursday 12 November 2009 21:21

AN INFLUENTIAL committee of MPs yesterday threw its weight behind the campaign to stop computer hacker Gary McKinnon's extradition to the United States.

The home affairs committee also called for a "comprehensive review" of the controversial treaty under which he could be sent for trial.

Mr McKinnon, who is originally from Glasgow and has Asperger syndrome – a form of autism – faces the prospect of a lengthy prison term for hacking into US military networks.

But committee chairman Keith Vaz called on Home Secretary Alan Johnson to exercise his "discretion" in the case and reject the extradition request.

In a letter to Mr Johnson, Mr Vaz said the committee was concerned there was a "serious lack of equality" in how the provisions of the extradition treaty between the two countries operated.

The Home Secretary is currently considering whether he can decide to stop the extradition on the grounds that it would breach human rights law because of Mr McKinnon's fragile mental state.

Mr Vaz said legal opinion written by senior barristers at Matrix Chambers and seen by the committee suggested the Home Secretary had considerably more discretion to act than Mr Johnson believed.

He wrote: "The committee remains concerned that there is a serious lack of equality in the way the Treaty's provisions apply to UK, as opposed to American, citizens.

"We received a clear legal opinion from Tim Owen, QC, and Julian Knowles, barristers at Matrix Chambers specialising in human rights and extradition law, that the scope for the exercise of discretion by the Home Secretary is greater than you believe.

"Given the obvious difficulties that have been experienced in applying the Extradition Act and the US-UK Treaty while fulfilling other obligations, such as those under the European Convention on Human Rights, we recommend that the operation of the act be reviewed comprehensively.

"Because of Mr McKinnon's precarious state of mental health, the committee is of the view that he should not be extradited to the US and that you should exercise your discretion in this case."

The letter followed an evidence session on Tuesday, when the committee heard from both Mr McKinnon's mother, Janis Sharp, and the Home Secretary.

Mrs Sharp told the MPs her son would "rather be dead" than sent for trial. She added: "We were told this treaty was to be used mainly for terrorists. People like Gary are not terrorists. We should stand up to America and say 'This is wrong'."

But Mr Johnson defended the extradition treaty with the US, saying critics treated America like an "enemy state".