The more I read about the case of Gary McKinnon, the more astonished and angry I get. This is perhaps because my own daughter is on the autistic spectrum and is also highly intelligent, so these issues personalise themselves. But the whole thing is just ridiculous in any case. McKinnon is accused of hacking into U.S. military computers and causing $800,000 of damage (he denies the second of these charges) – roughly what the U.S. spends on maintaining its military presence in Iraq every few minutes, I’ve no doubt.
The U.S. Government (headed by Bush when proceedings began), embarrassed and vengeful, want to extradite him under a 2003 treaty formed with the aim of bringing terrorists to justice. But McKinnon is no terrorist. He has Asperger’s Syndrome and is obsessed with UFOs. He claims he hacked the data because he was convinced the U.S. were hiding evidence of UFOs.
The whole idea that someone with Asperger’s Syndrome could defend himself adequately in a trial, especially one far from familiar surroundings, is insane. The stress of a trial would, in itself, play havoc with his state of mind. There was clearly nothing malicious in what he did. He will have been single-minded about it. Nothing would have been allowed to get in his way once he’d decided the computers were hiding secret UFO data. The idea that he might have been doing something wrong won’t even have occurred to him.
The argument that the bulk of the evidence is situated in the USA may be true, but the offence took place in the UK. Therefore, the UK authorities and legal counsels could quite easily argue that a trial should take place in the UK and that extradition isn’t necessary.
But there are other serious issues at stake here. The U.S. penal system could impose a sentence of 70 years imprisonment on Gary McKinnon. What’s to be gained for anyone by that? His mum claims he is very shy, too timid even to use the London Metro system. What's jail going to do for him? What’s it going to achieve for anyone else? Surely we have the ability to formulate a more appropriate form of punishment. It occurs to me that someone of Mr McKinnon’s obvious talents could be highly useful to both the UK and U.S Governments!
The extradition treaty contains the following clauses: that a) the U.S. has to prove ‘reasonable suspicion’ for extradition of a British citizen, and that b) to extradite an American from the US, Britain must prove ‘probable cause.’ It seems to me that this treaty is grossly unequal. Surely ‘probable cause’ is a greater burden of proof than ‘reasonable suspicion’! You have to ask why the UK government signed under these terms. What were they thinking? No doubt Blair was acting as Bush’s toady as usual, but this ought to be revisited at the earliest possible opportunity. Gary McKinnon’s mother has petitioned Obama today. Will Obama listen? Or have the realities of power made that impossible for him without paying a heavy domestic price? We’ll soon see.
And as for Britain’s MPs, they ought to be ashamed of themselves. Pressure should be brought to bear on the Home Secretary, Alan Johnson – not just the inevitable pressure from opposition MPs and a few rebels, but from every fair-minded Labour MP (are there any left?) – to refuse the extradition. I note that 90 percent of American requests for extradition have been backed by the UK, and only 70 percent of British requests have been backed by the USA. It’s about time that inequality was placed under careful scrutiny as well.
Gary McKinnon is a pawn in a game. There is heavy external pressure on the UK politicians who could do something about this if they wanted to. It’s clear the U.S authorities, for reasons best known to themselves, will stop at nothing to bring McKinnon to trial in the U.S. He’s compromised their security and shown everyone that an intelligent hacker can invade their systems. How embarrassing for them… They obviously plan to do whatever it takes, for however long it takes. They are behaving like someone with Asperger’s Syndrome! Someone should tell them…
You can keep up to date with developments at the Free Gary McKinnon website.
Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts
Friday, July 31, 2009
Wednesday, December 31, 2008
Gambia and the Fultons
Massive media publicity was extended to Vince Acors and Michelle Palmer who were said to have had sex on a Dubai beach, were arrested for indecent behaviour, and were sent home after appealing against a tough sentence. This couple had got drunk and one thing led to another. No doubt the hardliners wanted to make an example of them.
However, in the case of David and Fiona Fulton in the Gambia, publicity has been much lower key. The reason is no doubt because they did not have sex on a beach. They have been accused of ‘sedition’, which in this case means they wrote emails criticizing the Gambian government in some way. Also, they are ‘missionaries’, not necessarily in a traditional sense. Mr Fulton is a chaplain in the Gambian army. Mrs Fulton visits the terminally ill. Not sexy then, as far as the British press is concerned.
Their ‘crime’ of sending these emails (as yet, I have seen no information on what may have been in them. People who have received emails from them have testified only to some mild sarcasm. Transparency is not exactly something the Gambian junta have embraced) has resulted in a sentence of one year (one year!) in prison, with hard labour. Exactly what ‘hard labour’ means is unclear, but this sentence is ridiculous. Originally, the Fultons pleaded not guilty but changed their plea to guilty, presumably advised that, as they had little chance of a successful outcome, a guilty plea might have earned them a more lenient sentence.
All this has a background. The Gambian Government, which came to power following a coup, has cracked down on any hint of perceived dissent in the last few years, particularly following an unsuccessful coup attempt in 2006. A recent Amnesty International Report says that:
“the government’s disrespect for the rule of law and the judiciary makes the fight against impunity an uphill battle in Gambia. Lawyers are reluctant to take on human rights cases for fear of reprisals and families of victims are afraid to speak out. The media, for the most part, censors itself in the face of arrests, fines, threats and physical attacks on those accused of criticizing the government. All public protests have ceased.
“Fear now reigns in Gambia where any person considered to be a perceived enemy of the government is at risk of being arrested, tortured and even killed.”
The Fultons have 20 days in which to lodge an appeal. I’ve been trying to work out what to do, whom to send letters to etc, but I can’t find such a campaign, which seems strange. I guess polite letters to the Gambian President and the Gambian embassy wouldn’t go far wrong, but surely a coordinated campaign would go further than independent letters. Perhaps this will emerge over the next few days.
Edit: Well, here's what we can do. At the website of the Fultons' church, a Pentecostal Church in Bolton, there are email addresses to write to and guidelines on how best to do it, as well as background information. If you're not religious, ignore the call to prayer etc. This is a human rights issue, not a specifically religious matter.
However, in the case of David and Fiona Fulton in the Gambia, publicity has been much lower key. The reason is no doubt because they did not have sex on a beach. They have been accused of ‘sedition’, which in this case means they wrote emails criticizing the Gambian government in some way. Also, they are ‘missionaries’, not necessarily in a traditional sense. Mr Fulton is a chaplain in the Gambian army. Mrs Fulton visits the terminally ill. Not sexy then, as far as the British press is concerned.
Their ‘crime’ of sending these emails (as yet, I have seen no information on what may have been in them. People who have received emails from them have testified only to some mild sarcasm. Transparency is not exactly something the Gambian junta have embraced) has resulted in a sentence of one year (one year!) in prison, with hard labour. Exactly what ‘hard labour’ means is unclear, but this sentence is ridiculous. Originally, the Fultons pleaded not guilty but changed their plea to guilty, presumably advised that, as they had little chance of a successful outcome, a guilty plea might have earned them a more lenient sentence.
All this has a background. The Gambian Government, which came to power following a coup, has cracked down on any hint of perceived dissent in the last few years, particularly following an unsuccessful coup attempt in 2006. A recent Amnesty International Report says that:
“the government’s disrespect for the rule of law and the judiciary makes the fight against impunity an uphill battle in Gambia. Lawyers are reluctant to take on human rights cases for fear of reprisals and families of victims are afraid to speak out. The media, for the most part, censors itself in the face of arrests, fines, threats and physical attacks on those accused of criticizing the government. All public protests have ceased.
“Fear now reigns in Gambia where any person considered to be a perceived enemy of the government is at risk of being arrested, tortured and even killed.”
The Fultons have 20 days in which to lodge an appeal. I’ve been trying to work out what to do, whom to send letters to etc, but I can’t find such a campaign, which seems strange. I guess polite letters to the Gambian President and the Gambian embassy wouldn’t go far wrong, but surely a coordinated campaign would go further than independent letters. Perhaps this will emerge over the next few days.
Edit: Well, here's what we can do. At the website of the Fultons' church, a Pentecostal Church in Bolton, there are email addresses to write to and guidelines on how best to do it, as well as background information. If you're not religious, ignore the call to prayer etc. This is a human rights issue, not a specifically religious matter.
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