MPs must seize the day on extradition

In July 2009, this paper launched a campaign to save the Asperger’s sufferer Gary McKinnon from being extradited to America on allegations of hacking into Nasa computers, while searching for evidence of ‘little green men’.

The Affront to British Justice campaign was immediately backed by countless MPs — including the now Prime Minister and Deputy Prime Minister — celebrities, medical experts and civil liberties groups.

Yet 30 months later Gary, who doctors say will kill himself if bundled on a plane to America, remains in limbo.

Campaign: Gary McKinnon with his mother Janis. The U.S. are attempting to use the Act to force him to go to the U.S. to face charges over computer hacking

Campaign: Gary McKinnon with his mother Janis. The U.S. are attempting to use the Extradition Act to force him to go to America to face charges over computer hacking

Meanwhile, the instrument of Gary’s mental torture — the lopsided 2003 Extradition Act — remains unreformed.

To date, it has been used to send 123 people to America — while only 54 have been sent in the opposite direction.

What is truly terrifying is that, to extradite somebody from Britain, the U.S. needs only to give a cursory outline of the alleged offence, the potential punishment and an accurate description of the suspect.

But to wrestle an American from the States, Britain must prove ‘probable cause’ — which the U.S constitution’s fourth amendment defines as ‘information sufficient to warrant a prudent person’s belief that the wanted individual has committed a crime’.

In other words, Britons are treated as second-class citizens.

Over the past two-and-a-half years, first Labour and then the Coalition have shamefully prevaricated — finding any excuse not to renegotiate the treaty for fear of upsetting our American cousins.

Now, however, there is at least a glimmer of hope that Parliament may be ready to make a long overdue stand.

Three MPs — the impressive Tory backbencher Dominic Raab, ex-Liberal Democrat leader Sir Menzies Campbell and Keith Vaz, the Labour chairman of the home affairs select committee — have secured a full Commons debate on Monday calling for urgent change to our extradition arrangements with the U.S. — as well as those we have with Europe.

Already, their motion is attracting huge support and, to his credit, David Cameron (who has thankfully learned from his disgraceful decision to whip the backbench debate on the future of the EU) is giving his MPs a free vote.

If the motion passes, the Prime Minister will have a powerful mandate to approach the Obama administration and argue that, at the very least, UK citizens be given the same protection enjoyed by people residing in the U.S.

Intervention: U.S. ambassador Louis Susman has made an extraordinary defence of the Extradition Act in two visits to MPs ahead of a crunch vote on the Act on Monday

Intervention: U.S. ambassador Louis Susman has made an extraordinary defence of the Extradition Act in two visits to MPs ahead of a crunch vote on the Act on Monday

It’s a sign of just how much America feels it has to lose that its ambassador has spent the past two days engaged in an extraordinary lobbying operation — twice visiting Westminster to insist to MPs that the treaty is perfectly fair.

In a speech which can only be described as un-ambassadorial, he even accused his critics of using ‘skewed arguments and wilful distortion’ and  attacked campaigners for becoming too ‘emotional’ about individual cases, such as that of Gary McKinnon.

Of the ambassador, we would ask this simple question: if the treaty is meant to be fair, why not allow the wording to be changed so that British citizens have exactly the same ‘probable cause’ protection as their U.S. counterparts?

The fact that he is going to extreme lengths to oppose such a change suggests that — contrary to his protests — Britons are undeniably getting a very raw deal.

So it is over to our elected MPs.

Next week, they have an opportunity  to send an unequivocal message to politicians on both sides of the Atlantic that our unjust extradition laws must  be changed.

For Gary’s sake, we urge each and every one of them to take it.

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