Friday, August 29, 2008

ECHR oks McKinnon extradition from UK to US

The European Court of Human Rights has reportedly cleared Gary McKinnon's extradition to the US.

"I hadn't realised that McKinnon had recently been diagnosed as autistic. That puts a whole new complexion on the case but I don't suppose it will prevent the extradition or stop US prosecutors attempting to make an example of him.

"The European Court of Human Rights has cleared the way for the extradition of a British man who allegedly hacked into secret U.S. military computers, his lawyer said Thursday.

The court refused to delay Gary McKinnon's extradition to the United States, which he says would violate his human rights. McKinnon's lawyer, Karen Todner, said his extradition could come within the next two weeks.

"He is terrified by the prospect of going to America," Todner said, adding that McKinnon has recently been diagnosed with Asperger's Syndrome, a form of autism.""

Update: The court's website does have a press release on the case:


European Court of Human Rights refuses
request for interim measures by Gary McKinnon

On 29 July 2008, Gary McKinnon lodged an application with the European Court of Human Rights (application no. 36004/08). He complains principally under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) about the conditions of detention he would face if convicted in the United States of America.

The Government of the United States have sought his extradition from the United Kingdom to stand trial on charges of fraud-related activity in connection with computers. He is alleged to have gained unauthorised access to military computers in the United States from his home in the United Kingdom.

Mr McKinnon sought interim measures under Rule 39 of the Rules of Court to prevent his extradition to the United States while the Court considered his application.

On 12 August 2008 the Acting President of the Chamber to which the case has been allocated decided to indicate to the Government of the United Kingdom, under Rule 39 of the Rules of Court, that the applicant should not be extradited to the United States before midnight on 29 August 2008. This was in order to allow the Chamber to examine the request at the earliest opportunity, namely at its meeting on 28 August 2008.

On 28 August 2008, the Chamber decided to refuse the applicant’s request for interim measures.

Mr McKinnon has therefore been informed that the Court will not prevent his extradition to the United States.

Under Rule 39 of the Rules of Court the Court may indicate to the parties any interim measure which it considers should be adopted in the interests of the parties or of the proper conduct of the proceedings before it."

Update 2: Fernanso Barrio has an interesting analysis of the jurisdictional issues in the case.

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