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.

Vatican conference on ETs

We've posted before about the Pope's chief astronomer Rev. Jose Gabriel Funes and his statements on possible extraterrestrial life. (ETs "don't contradict our faith," he has said.) The Vatican recently hosted a conference on the topic of astrobiology -- the study of life in the universe -- where a group of international scientists from a variety of fields discussed the possibility of alien life. From the Associated Press:

Funes said the possibility of alien life raises "many philosophical and theological implications" but added that the gathering was mainly focused on the scientific perspective and how different disciplines can be used to explore the issue.

Chris Impey, an astronomy professor at the University of Arizona, said it was appropriate that the Vatican would host such a meeting.

"Both science and religion posit life as a special outcome of a vast and mostly inhospitable universe," he told a news conference Tuesday. "There is a rich middle ground for dialogue between the practitioners of astrobiology and those who seek to understand the meaning of our existence in a biological universe..."

The Church of Rome's views have shifted radically through the centuries since Italian philosopher Giordano Bruno was burned at the stake as a heretic in 1600 for speculating, among other ideas, that other worlds could be inhabited.

"Vatican looks to heavens for signs of alien life"

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."

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.

Gary McKinnon has lost his fight to stand trial in the UK on charges of hacking into US military networks. Photograph: Sang Tan/AP

Computer hacker Gary McKinnon lost his long battle to stand trial in the UK today when he was refused permission to appeal to the supreme court against extradition to the US on charges of breaking into the Pentagon's military networks.

The court decided the case did not raise "points of law of general public importance", which are neccessary if a case is to be pursued at the higher level.

The decision extinguishes McKinnon's legal options in the UK, but his lawyers said they would now consider applying to the European court of human rights in Strasbourg.

Giving the court's decision, Lord Justice Stanley Burnton, who heard McKinnon's latest appeal earlier this year with Mr Justice Wilkie, 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.

McKinnon's mother, Janis Sharp, said the decision was "devoid of humanity".

"No other country in the world would so readily offer its citizens to the US as sacrificial lambs merely to safeguard a 'special political relationship'.

"To use my desperately vulnerable son in this way is despicable, immoral and devoid of humanity."

McKinnon's solicitor, Karen Todner, said the trial was having a "devastating" effect on the 43-year-old's health. "He is a highly vulnerable man in a very fragile state and this is a huge blow to him and his family," she said.

"Why is our government so inhumane as to allow this to happen to someone, particularly someone with Asperger's, a form of autism? This is the wholesale destruction and bullying of a small individual by the United States and now our own government.

"Our extradition treaty with the US is unfair and prejudicial to UK citizens and should be repealed or amended immediately."

Todner said every further avenue, including the European court, would be explored.

Sabina Frediani, campaigns co-ordinator for Liberty, which supported McKinnon's case, said: "Never were justice and the law so out of sync as in the case of Britain's rotten extradition arrangements. People up and down the country are rightly horrified by the way that a vulnerable man has been sold down the river when he should have been protected and tried here at home."

She said Liberty would support any appeal to the European court and would work to ensure parliament "faces up to its responsibilities to amend the act".

McKinnon's lawyers and supporters argue his hacking was aimed at nothing more than searching for reports of UFO sightings.

McKinnon, from Wood Green, north London, 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.

The Home Office said no further comment would be made while McKinnon continued to pursue the legal avenues available to him.

A spokesman said: "We note today's judgement. The case remains before the courts. Therefore, we do not propose to comment further at this stage."