Correspondence from Chairman of the Committee
to the Home Secretary, 12 November 2009
GARY MCKINNON
CASE
Thank you for giving evidence on the UK-US Extradition
Treaty to the Home Affairs Committee. You will be aware that earlier
we had taken evidence from Mrs Janis Sharpe, mother of Gary McKinnon,
and the National Autistic Society specifically on the case of
Gary McKinnon.
The Committee remains concerned that there is a serious
lack of equality in the way the Treaty's provisions apply to UK,
as opposed to American, citizens.
We received a clear legal opinion from Tim Owen QC
and Julian Knowles, barristers at Matrix Chambers specialising
in human rights and extradition law, that the scope for the exercise
of discretion by the Home Secretary is greater than you believe.
Given the obvious difficulties that have been experienced in applying
the Extradition Act and the US-UK Treaty while fulfilling other
obligations, such as those under the European Convention on Human
Rights, we recommend that the operation of the Act be reviewed
comprehensively.
Because of Mr McKinnon's precarious state of
mental health, the Committee is of the view that he should not
be extradited to the USA and that you should exercise your discretion
in this case.
I noted that you said you would try to come
to a decision quickly. We welcome this, and look forward to hearing
your decision shortly.
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