Film director under house arrest and facing extradition to US 'overwhelmed' by worldwide messages of sympathy

• Lizzy Davies in Paris
• guardian.co.uk, Monday 28 December 2009 13.31 GMT
• Article history

Roman Polanski: 'How heartening it is, when one is locked up in a cell, to hear this murmur of human voices and of solidarity in the morning post.' Photograph: Roberto Pfeil/AP

Roman Polanski, the Oscar-winning film director under house arrest on charges of having sex with a 13-year-old girl, has expressed his gratitude to his supporters in an open letter to the French intellectual Bernard-Henri Lévy.

In his first public comments on the case since he was placed in detention in September, the director said he had been "overwhelmed" by the messages of sympathy he had received from "across the world. I would like every one of them to know how heartening it is, when one is locked up in a cell, to hear this murmur of human voices and of solidarity in the morning post," he wrote in the letter. "In the darkest moments, each of their notes has been a source of comfort and hope, and they continue to be so in my current situation."

The 76-year-old, who jumped US bail in 1978 after admitting having sex with a minor, was finally re-arrested at the request of US authorities in September. Instead of picking up the lifetime achievement award he had been promised at a Swiss film festival, he found himself behind bars in Winterthur, near Zurich.

Earlier this month he was released on bail and has been spending the Christmas season with his family at his Alpine chalet in the ski resort of Gstaad. Authorities have indicated that a decision on his extradition to the US will be made in the new year.

In France, where Polanski spent much of his time as a fugitive, the arrest of such a luminary sparked horror among the artistic elite. A French petition demanding his immediate release was signed by hundreds of industry figures including Martin Scorsese and David Lynch.

While others have back-pedalled on their initial support in the face of mounting public revulsion, Levy, the Left Bank philosopher, has been one of the "genius director's" most vocal defenders.

"I have not moved one iota," he told Le Parisien newspaper in an interview on Saturday. "This arrest was a disgrace. This detention was, and still is, a disgrace. This climate of popular justice and lynching … is still a disgrace."

In his letter, the Franco-Polish director thanked Levy for having "supported [him] from the very first day". He asked for his message to be put up on the internet as a means of thanking all the "unknown friends" who, he said, had sent him words of comfort during his arrest.

Gary McKinnon's lawyers have begun a fresh challenge against his extradition to the US. Photograph: Andy Rain/EPA

Lawyers acting for the computer hacker Gary McKinnon today lodged papers for a fresh high court challenge to stop him being sent for trial in the US.

Last month the home secretary, Alan Johnson, wrote a letter ordering McKinnon's removal to the US on charges of breaching US military and Nasa computers, despite claims by his lawyers that extradition would make the 43-year-old's death "virtually certain".

"The secretary of state is of the firm view that McKinnon's extradition would not be incompatible with his [human] rights," said the letter, dated 26 November. "His extradition to the United States must proceed forthwith."

A judge will now decide whether there is an "arguable case" that should go to a full hearing.

McKinnon's solicitor Karen Todner said new evidence showed that McKinnon was suicidal and could not survive the American prison system.

After the home secretary's decision in November, Todner had said she planned to start a judicial review of the home secretary's decision. "We cannot give up because in some ways it's like dealing with a death row case, and we genuinely believe Gary's life is at stake here," she said.

McKinnon, from north London, was accused in 2002 of using his home computer to hack into 97 American military and Nasa computers, causing damage that the US government claims will cost more than $700,000 (£425,000) to repair.

MPs want hacker transfer halted

Mr McKinnon's mother believes extradition will worsen his mental state

The extradition to the US of computer hacker Gary McKinnon should be halted owing to his "precarious state of mental health", MPs say.

The Home Affairs Committee also said there was a "serious lack of equality" in US-UK extradition arrangements.

But the Home Office said there was "no imbalance" and no need for a review.

Mr McKinnon, who has Asperger's syndrome, is accused of breaking into the US military computer system but says he was just seeking UFO evidence.

The Glasgow-born 43-year-old, now of Wood Green, north London, faces 60 years in prison if convicted in the US.

'Lack of equality'

The Commons committee is conducting an inquiry into the US-UK extradition treaty, which critics say does not treat American and British citizens equally.

A letter, from committee chairman Keith Vaz to Home Secretary Alan Johnson, said the MPs had received "clear, legal opinion" from two lawyers that the home secretary had greater scope to exercise his discretion in Mr McKinnon's case than the minister believed.

The letter urged Mr Johnson to "comprehensively review" the operation of US-UK extraditions and "exercise your discretion in this case".

There was a "serious lack of equality" in the way the extradition treaty deals with UK citizens compared with US citizens, the letter added.

But in response, a Home Office statement said: "There is no imbalance in the extradition arrangements between the UK and the US.

At this stage in the case the sole issue is whether extradition would, or would not, breach Mr McKinnon's human rights Home Office statement

"As the home secretary told the Home Affairs Select Committee on Tuesday, the evidence that must be provided for a US extradition request to proceed in the UK is in practice the same as for a UK request to proceed in the US."

It added: "The suggestion that the operation of the Extradition Act needs to be reviewed comprehensively is unnecessary."

The home secretary is in the process of looking at new medical evidence on Mr McKinnon, which Mr Johnson has said he will consider "very carefully" before approving extradition.

He has also said he wants to give Mr McKinnon's lawyers time to examine medical reports and make legal representations to the European Court of Human Rights in Strasbourg.

But the Home Office statement pointed out that the home secretary had "no general discretion to refuse extradition".

"At this stage in the case the sole issue is whether extradition would, or would not, breach Mr McKinnon's human rights," it said.

"Unless the evidence shows that extradition would breach the European Convention on Human Rights it would be unlawful to refuse extradition."

'Lives ruined'

Mr McKinnon's mother, Janis Sharp, has said her son "would rather be dead than extradited".

Appearing before the Home Affairs Committee earlier in the week, she said: "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.'

"This has ruined Gary's life. It's ruined our lives," she said.

Mr Johnson responded by insisting that the US had a "proper, mature legal system".

"It's almost as if you are talking about an enemy state," he said.

"In a world of international crime where criminals cross borders much more frequently, then you need to have proper arrangements in place.

"Extradition is not a statement of guilt or innocence. It's quite proper for the US to ask to bring over people who have committed crimes against their country."

The US wants to try Gary McKinnon for what it calls the biggest military computer hack of all time. Photograph: Andy Rain/EPA

The home secretary, Alan Johnson, pledged today to examine new medical evidence in the case of the computer hacker Gary McKinnon "very carefully" before approving his extradition to the US on charges of breaking into the Pentagon's military networks.

Johnson told MPs he had "stopped the clock" on proceedings to give McKinnon's lawyers time to consider medical reports and make legal representations.

The home secretary was today also pressed to delay further until an investigation into the US-UK extradition treaty had been carried out by the Commons home affairs select committee.

The 43-year-old, from Wood Green, north London, suffers from Asperger's syndrome, a form of autism, and says his hacking was aimed at nothing more than searching for reports of UFO sightings. His supporters fear his health would suffer in a maximum security jail in the US.

He had challenged Home Office decisions allowing his extradition to go ahead and the refusal of Keir Starmer QC, the director of public prosecutions, to put him on trial in the UK on charges of computer misuse. He failed in his high court bid to avoid extradition in July.

Johnson said the high court had already dismissed applications for McKinnon to be tried in the UK.

He said: "We have stopped the clock ticking on the representation to the European court because new medical evidence has been provided.

"There are two issues upon which Gary McKinnon's legal advisors have argued: the first is that the director of public prosecutions should have tried him in this country.

"The high court in July dismissed that, and wouldn't allow it to go to judicial review."

"I have to ensure that his Article 3 human rights are being respected. It's that new medical evidence that I will be looking at very carefully".

McKinnon's MP, David Burrowes, said the new medical evidence was "compelling" and detailed the effect extradition would have on McKinnon's Asperger's.

The Conservative MP for Enfield Southgate urged the home secretary not to execute the extradition order until after the select committee inquiry on 10 November.

When McKinnon was refused permission to appeal to the supreme court earlier this month, Lord Justice Stanley Burnton, who also heard his earlier high court appeal, said extradition was "a lawful and proportionate response" to his alleged offending.

He said McKinnon would be unlikely to succeed with his claim that extradition would breach his right to a private and family life, under Article 8 of the European Convention of Human Rights.

Nor did the court think that extradition to the US would be a breach of his right not to be subjected to inhuman or degrading treatment under Article 3.

In August, Labour's deputy leader Harriet Harman said that if McKinnon were convicted by an American court, Britain would move quickly to arrange for him to serve any jail term in the UK.

Submitted by epriezka on 23 October 2009

I am not going to make an argument for supporting hacker Gary McKinnon in his bid to overturn the decision to extradite him to the US.  If even the Daily Mail believes he should be tried in an English court, then I find it hard to believe that the average Pirate is not well aware of Gary's situation.  Most of you will have strong feelings about it too.  I admit that I do.  The goal of this post is not to argue for my opinion - policy should never be made on the fly - but to ask for your help in deciding if, and how, the party should support Gary.

How far should the party engage with and assist Gary's campaign?  The issues do not fit easily with the core three policy pillars.  On the other hand, we are talking about the wellbeing of a real human being, and the question of how to apply national laws in the era of a global internet.  You can contribute to determining the party's direction and whether the issues raised by Gary's case should fall within the scope of our manifesto.  This will also help us to judge if the party should provide more hands-on assistance to the people campaigning on Gary's behalf.  You can do so by responding with your opinions here, or by voting on the party's forum.

Time is running out for Gary.  Whilst all policy creation should come from the party's democratic process, your response will assist us to make the right decisions in what may be the final weeks of Gary's bid to remain in the UK.  Please help.

'US friendly' treaty to be re-examined

By Alexandra Pullin

Tuesday, 20 October 2009, 13:52

UFO HACKER Gary McKinnon might never be extradited to the US, as the Home Secretary faces a select committee over the decision to try him abroad.

Peers are looking to change the "lopsided" (read 'US friendly') treaty under which McKinnon, 43, could be sent to America.

As the treaty stands, US lawyers need only show 'reasonable suspicion' for an extradition warrant to be granted in Britain. But there is no such reciprocal arrangement for the Crown Prosecution Service in America.

The Home Secretary, Alan Johnson, will be questioned publicly by an all-party committee of MPs on why he is extraditing McKinnon.

The committee will investigate whether the Home Secretary should be given discretion to try cases such as McKinnon's in the UK.

Keith Vaz MP, the committee's chairman, said, "I support calls for a review of this treaty in order to get the best deal for UK citizens.

"The case of Gary McKinnon highlights the difficulties in the current extradition relationship between the UK and the US. It is clear that the US got a better deal from the Extradition Treaty."

This is the latest development in the long running on-again, off-again extradition of McKinnon. Only yesterday we reported that the UFO hacker has had his extradition put on hold again as new psychiatric evidence is being considered.

McKinnon was denied permission to appeal to the Supreme Court against his removal and had 14 days to appeal to the European Court. But, from yesterday, the Home Office is now also considering new evidence and has put that deadline on hold.

McKinnon is accused of hacking into US military and NASA computer networks from his flat in north London in 2001.

The refusal by the new supreme court to consider the case of Gary McKinnon, the computer hacker facing extradition to the United States, comes as no surprise. But the decision now offers the home secretary, Alan Johnson, a final opportunity to act with decency and compassion and intervene, as he is legally entitled to do.

In the wake of the latest ruling, the only legal option left to McKinnon is through the European court of human rights. The chances of success there remain slim. This means that the one person who can halt the whole process is Johnson.

So far the home secretary has made it clear that he is not minded to halt the extradition and what is likely to be a wholly disproportionate punishment in the US courts for a man with Asperger's syndrome. However, Johnson will now be given new medical evidence about McKinnon's condition that will grant him a very valid opportunity to reassess his stance.

This week, McKinnon's mother, Janis Sharp, was addressing a fringe meeting at the Conservative party conference in Manchester. She was warmly received by Tory party members and received a sympathetic hearing from the relevant shadow ministers, Chris Grayling and Dominic Grieve. McKinnon has also received backing from the former Tory shadow home secretary, David Davis, the London mayor, Boris Johnson, the Lib Dems' Chris Huhne, Labour figures Michael Meacher and Keith Vaz and a growing number of public figures such as Terry Waite.

Just as Jack Straw intervened in the case of General Pinochet – to allow him to return to Chile rather than face trial in Spain for human rights abuses – so Johnson can now step forward and speak sense on behalf of McKinnon. The compelling new medical evidence that he will be presented with – about McKinnon's deteriorating condition – gives him the chance to halt the extradition and process McKinnon through the British courts. At the very least, Johnson can extract from the US authorities a watertight guarantee that, if extradited, McKinnon will be granted immediate bail and any sentence passed by a US court would be served in its entirety in a British jail.

Johnson has, almost certainly, only a few months left as home secretary. He has no need to bow to demands from across the Atlantic and surrender someone whose main offence is tweaking the nose of the US defence establishment nearly a decade ago. Jack Straw, in the case of Michael Shields – the Liverpool football fan jailed in Bulgaria but freed in the UK – showed how a British minister can intervene when he believes a serious miscarriage has been perpetrated. Now Johnson can either turn his back on McKinnon – or he can remind people who once saw the Labour party as standing for the underdog against the bully that there is still a vestige of that spirit left.