Don't think there are no crocodiles because the water is calm - Malay proverb
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UK extradition rules are unfairly weighted
THE UNFAIRLY WEIGHTED UK extradition treaty with the US needs a thorough reworking, according to a report from the Joint Committee on Human Rights (JCHR) that found that UK citizens, like Gary McKinnon, are not afforded the same legal protection as Americans.
"The committee concludes that the current statutory framework does not provide effective protection for human rights," wrote the group. "The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination."
Because of this the group is asking the UK Government to do more to improve protection for its citizens and specifically their human rights.
"Human rights provisions in the Extradition Act are clearly inadequate. The Government should spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the 'most appropriate forum' safeguard in the Police and Criminal Justice Act 2006 and a requirement to show a prima facie case should be added when a person is requested for extradition," explained Dr Hywel Francis MP, the chair of the committee.
"A most appropriate forum safeguard would require the judge in an extradition case to consider whether it is in the interests of justice for the individual to be tried in the requesting country."
Cases like Gary McKinnon's have really highlighted how unfair the current laws are, and fittingly extraditions to the US are given some attention in the recommendations.
McKinnon faces a very long sentence if he is extradited to the US, and although at times it has looked likely that the UK secretary of state - it doesn't matter which one - would deny the US request, this has never happened.
This should change, according to the report, and the committee urged that judges be granted the power to refuse extradition requests before they end up before the Home Secretary. This would be a significant change, according to at least one commenter quoted in the report, the human rights group Liberty.
"The flaws of the extradition system have also been highlighted by numerous judges whose role in relation to extradition has, in many cases, been confined to a rubber stamp," it is quoted as saying, while the Freedom Association added this, "the national judiciary's role in the process is just to rubber stamp the extradition of a UK citizen, even if it has grave concerns about the case and about the treatment the citizen will receive." µ
Tags: Security
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the UK secretary of state - it doesn't matter which one -
this made me laugh but sadly in reality it extends further. it could easily read "the UK political party in power - it doesnt matter which one"
becuse there is no difference any more!
haha
Rather the very 1st state of the United States of America
I'd rather live in Portugal or Ireland or Greece in poverty than have all the wealth in the Small Britain. I pity you poor folks who have to suffer there...
"Unfortunately, some of these rogue prosecutors come by cheating quite naturally and are good at it; they find rules, ethics, and codes of professional behavior binding—a restriction of their self-anointed role of “convicting at any costs.” We have encountered plenty in the past and are quite confident we will encounter even more in the future. The reason we can be so sure about this is because our U.S. Supreme Court recently gave “rogue prosecutors” a license to lie and cheat with impunity"
http://www.johntfloyd.com/blog/2011/04/01/rogue-prosecutors-get-license-to-lie-and-cheat/
US are very good in inflating the charges so the accused will look bad and that may convince the judges to extradite them to US. At least in Canada, we have bright judges that don't always believe the US prosecutors.
See this articles about Cisco trying to convince the judge to extradite an ex-Executive in a Civil cause: http://www.canada.com/news/Cisco+deceived+Canadian+courts+audacious+ploy+jail+executive+judge+finds/4884794/story.html
...Special Relationship. Makes me squirm when I hear it.
It isnt special at all and hasnt been since after WW2 when the USA has taken every opportunity to take us up the backside and lay their hands on any major tech or industrial advancement we've made that might have made us some desperately needed income.
And we paid back every penny....
Special Relationship? Wife beating more like.
History has been proof of this fact... US has always said - JUMP... and our poodle prime ministers have obidiently asked "How high, my master?".
What these idiots don't understand is that when we stand shoulder to shoulder to America, we take on the same risks, problems & costs as them. Also, there cannot be 2 versions of extradition policies for the same deal, pertaining to the different sides! That's the problem we're facing right now... inequality of any kind is unacceptable.
Another case:
http://www.bbc.co.uk/news/uk-england-south-yorkshire-13788440
The government of the UK is doing shit when threatened by the USA.
It is time for the EU to prohibit any extradition of EU citizens to a non-EU country, in particular not to a nation of torturers like the USA.
Take the German Constitution as a good example, which protects Germans from what the UK is doing to Her Matjes' underlings.
And let's put an end to the occupation of the EU.