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McKinnon's extradition delayed again over human rights

By Ed Oswald, BetaNews

August 21, 2008, 5:31 PM

EU courts have asked Great Britain to not send the accused mastermind of a DOD systems break-in to the US, in order that they can review his complaint that conditions in US prisons are inhumane.

Gary McKinnon is accused of "the biggest military hack of all time:" breaking into computer systems owned by the Pentagon, US Army, the Navy, and NASA systems. Motivated by a search for real-world evidence of UFOs, he is accused of doing $700,000 worth of damage to the computers he broke into.

In one case, he rendered critical systems inoperable at Earle Naval Weapons Station in northern New Jersey shortly after the September 11, 2001 terrorist attacks. Over a month of work was required in order to bring the systems back online.

In an order Wednesday, the European Court of Human Rights said it needed time to investigate claims of human rights issues in US jails before McKinnon could be extradited.

The court said in a statement that the hacker's request came under a provision within the European Convention on Human Rights that prohibits "inhuman or degrading treatment." McKinnon's lawyers argued he would be treated to such if convicted in the US.

"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," the Court said last week.

US prosecutors say they are willing to ask for a shortened four year sentence if he pleads guilty. However, if McKinnon continues to fight, they will ask the court to impose a 70-year sentence.

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By kristy34c

edited Aug 21, 2008 - 10:07 PM

how can the EU seriously consider U.S. jails inhumaine compaired to China, cuba Mexico or dozens of other countries?

I guess the logic is that the U.S. Still allows the death penality. even though the death penality isn't being considered in Mckinnon's case, the fact that the U.S. allows it might be enough emotional distress

it's very simple. if the EU continues this type of behavour then the U.S. Should require all EU citizen's (UK Exception) traveling to the U.S. to obtain vistor vista's 30days before travel

EU human rights court is so crazy that they ruled against a UK school that had a student stay 30mins after school for detention for disrupting class against the students wishes.. The EU human rights court stated this was Kidnapping and a violation of the students human rights. if corporal punishment is no longer allowed in UK, now Detention is out as well?

worse the EU court even believes animals have the same rights as human's -article below

His name is Matthew, he is 26 years old, and his supporters hope to take his case to the European Court of Human Rights. But he won't be able to give evidence on his own behalf - since he is a chimpanzee... yes you read this right a chimpanzee. Animal rights activists led by British teacher Paula Stibbe are fighting to have Matthew legally declared a 'person' so she can be appointed as his guardian if the bankrupt animal sanctuary where he lives in Vienna is forced to close.

Score: 0

By Bobbi

edited Aug 22, 2008 - 8:01 PM

I don't know how UK systems are, but USA prisons have guards who are known to "set up" special prisoners to be purposely abused by other prisoners who, for one reason or another, get special privileges.

I don't think trying & forcing him to serve time in the US for a crime he committed in the UK is at all humane. He should be tried at home in the UK, and serve any sentence in the UK.

Score: 0

By Scary Guy

posted Aug 22, 2008 - 8:00 AM

Wow, things really suck when you can extradite people who have never even set foot on US soil.

Score: 0

By foxfyre

edited Aug 22, 2008 - 1:19 PM

But who nevertheless have committed a crime 'on US property.

Good, if I access your Swiss bank account and wipe it clean, I should be free to do so without the Swiss having any jurisdiction or legal standing right? Great genius, you have just legitimized electronic crime.

Or if I ship a nuclear device to you across a border, I am absolved of responsibility?

Go back and use your prodigious logical arguments to help the idiots claiming rights to others music. You do your name proud.

Score: 0

By Paul Skinner

edited Aug 21, 2008 - 8:10 PM

"Over a month of work was required in order to bring the systems back online."

What a crock of s***.
I bet this includes time for them to work out how to patch the large security flaws they missed the first time around.

They should hire this guy, not put him in jail.

Score: 0

By morriscox

posted Aug 23, 2008 - 11:49 AM

Why hire the guy who hosed your systems? That doesn't make sense.

Score: 0

By foxfyre

edited Aug 21, 2008 - 7:54 PM

"European Court of Human Rights said it needed time to investigate claims of human rights issues in US jails "

Again, the EU Court uses every excuse to interfere in other's business as it COMPLETELY and UTTERLY fails to address its OWN problems.

How about dealing with the EU issues of corruption in Bulgaria - the glowing political corruption capital and hellhole of Europe.
And DON'T address the centuries old tradition of the discrimination against the gypsies (the Roma), nor simply address the Pogramization of foreign immigrants...

Oh, and how can I forget the thriving EU business of white slavery?

Nope, they are so bored that they get to investigate human rights issues in US jails, where conditions are better than in many EU countries! - and CERTAINLY better than in EU jails!

Score: 0

By cousinkix1953

posted Aug 22, 2008 - 7:29 AM

"European Court of Human Rights said it needed time to investigate claims of human rights issues in US jails "

Guantanamo is for terrorists. SuperMax houses killers; but the rest of the American federal prisons are a country club. White collor criminals and computer hackers aren't sent to a gulag you EU idiots. Ask Martha Stewart about her 6 months in a mansion.

"Again, the EU Court uses every excuse to interfere in other's business as it COMPLETELY and UTTERLY fails to address its OWN problems."

These sociaslists spend little on their armed forces and can't even defend themselves from invaders any more. Russia has rediscovered imperialism. It was GEORGIA last week. Who's next? Will King George have to nuke Moscow to protect these EU fools from the commies again? Hpow many Germans even know that dur modern day Luftwaffe must fly their war planes in the deserts of Arizona and New Mexico?

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By Paul Skinner

edited Aug 21, 2008 - 8:13 PM

"Again, the EU Court uses every excuse to interfere in other's business as it COMPLETELY and UTTERLY fails to address its OWN problems."

Erm... no.

McKinnon asked for their help. They didn't just jump in and say "wait a minute, this guy is going to somewhere outside Europe! action must be taken immediately". It's called the EU court of Human Rights. People go to it when they have a claim of inhumane treatment.
McKinnon doesn't have a case here, I agree. However, all cases are heard (at least preliminarily) no matter how frivolous.

How about the US actually signing up to the Kyoto agreement? How about the US not starting wars with countries for no real reason (a la WMDs)?

Every country (or group of) has its own internal problems or things they turn a blind eye to.

Deal with it.

Score: 0

By billweh

posted Aug 24, 2008 - 1:04 PM

Spoken like most of the left of left. Since the press didn't spoon feed this one to you, I guess you should be educated by someone.

President Clinton - in between shtooping everything in a skirt signed the Kyoto agreement, however (and one of the few things he did do propertly) was never submit it for ratification from our House and Senate.

This Kyoto agreement was a farce from the get go and not one of the countries that have signed and ratified or whatever passes for their ratification has met the agreement.

And what the heck does that have to do with this dipstick from spending time in jail?

I say we start our own investigation into Europe's practices on how they handle criminals and just about everything else.

As for the war in Iraq - every bit of intelligence that we had and the European countries had showed that Saddam was building and stock piling WMDs.

We found enough evidence that S.H. was using chemical weapons against his own people not to mention the death camps and pogroms he was conducting that he deserved to be deposed.

As for those who objected? France - well, they were good at surrendering from the get go, fortunately that may have turned around with the newest elected members in charge. Seems like they finally have grown a pair.

Russia objected of course because they've been deep in the belly of the beast and didn't want to get caught with their knickers around their ankles.

I'm slightly in awe of how many people out there are vocal in their condemnation of the USA. Then I look at the huge number of people who year after year migrate here and think, must be like the press here. If they can't say anything rotten about anything, then why print the paper?

Score: 0

By foxfyre

edited Aug 22, 2008 - 1:13 PM

Tell me about your "all cases are heard" fantasy.

Tell us about the case of the Jews attempting to receive compensation for their seized assets. You know, from the Holocaust that never happened.Tell us about the lack of rights for the Roma. Tell us about the rights of the Pogromized immigrants. Tell us about the MAJOR issue of corruption with EU monies in regard to Bulgaria. And the list goes on.

But instead they attempt to intervene in the competitive practices of two US corporations such as AMD and Intel - you know, your HUMAN RIGHTS court used to impose trade restrictions - while IGNORING major EU issues.

If you had a clue as to what you are talking about your response would still be hilarious.

Score: 0

By laura

edited Aug 22, 2008 - 8:12 PM

Gary McKinnon didn't steal anything and the fact that he on an antiquated dial up machine supposedly brought the US military to its knees is a Huge Joke or the Embarrasement of the century (you choose)

When are the US going to extradite real Terrorists such as the Irish Terrorists (backed by American money)that bombed the UK and maimed and murdered UK citizens.

When are you going to prosecute the people in charge of military computers that left their systems unsecured for YEARS ON END and therefore left American citizens totally unprotected against any REAL TERRORISTS.

America runs a concentration camp called Guantanamo where almost every tortured prisoner has not had a trial and is therefore innocent (until proven guilty remember!)

The American administration thinks water boarding (simulated drowning) isn't torture but the rest of the civilised world including the UK know it is absolutely torture.

Chantal McKorkle a young British woman was sentenced to twenty years in a hard line US prison (not an open prison)for doing infomercials. She has served ten years and has been refused re-patriation to serve the remainder in the UK because "her crime was too serious"

The US wants to sentence a student to forty years in prison for hacking a school computer to alter exam results.
America has lost the plot and has lost any moral authority they once had in the world.