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Gary McKinnon given new chance to appeal against extradition
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Last updated 14 January 2010
The High Court has announced that Gary McKinnon will be able to challenge the Home Secretary's decision not to halt his extradition.
Gary has Asperger syndrome and is facing extradition to the US to stand trial for hacking into US Government computers.
In November 2009 the Home Secretary, Alan Johnson, had dismissed new evidence which related to Gary's deteriorating mental health, arguing that it still did not meet the necessary threshold to contravene his human rights. The NAS has been instrumental in providing assessment and emergency care for Gary, which was detailed in the report submitted to the Home Secretary.
The High Court, having considered the application, believed that there was a case for whether the new medical evidence does require the Home Secretary to prevent Gary's extradition under the Human Rights Act, and whether it does represent a fundamental change in the circumstances he had previously considered. If the answer on both points is found to be yes, then it is arguable that the Home Secretary's decision to extradite Gary would be unlawful.
Janis Sharp, Gary's mother, said "I can't believe it some common sense at last. This judge has made such an honourable and decent decision. Gary's health has badly declined it's been traumatic to see".
NAS Chief Executive, Mark Lever, said: "We are delighted that Gary has been granted the right to a Judicial Review of the Home Secretary's decision. People with Asperger syndrome are often much more vulnerable than appearances would suggest and can be highly susceptible to additional mental health problems. In light of the medical evidence, we have been very concerned for Gary's health and well-being and it is a relief that the judge has made this decision. We will continue to support Gary and his family and assist his legal team in their appeal".
Support Gary
- A special version of the song Chicago recorded by David Gilmour, Sir Bob Geldof, Chrissie Hynde and Gary McKinnon has now been released to raise awareness for Gary. You can download the song from iTunes, Amazon and HMV.
- You can also join a new text petition by texting Gary to 65000. Evidence of petitioner numbers will be sent on a regular basis to the Home Secretary and Shadow Home Secretaries. Text messages will be charged at normal network rates.
- Find out more about the song and the latest developments in the case from the Free Gary website and Londontv.net.
Background to Gary McKinnon's case
Gary McKinnon was diagnosed with Asperger syndrome in August 2008 and stands accused of allegedly hacking into US Defense computer systems. As a result of Gary's late diagnosis, his Asperger syndrome was not taken into account in any legal proceedings prior to August 2008.
We have continued to express our concern that Gary's diagnosis be taken into consideration and took action by writing to both the Home Secretary when his diagnosis first came to light last year, and the Attorney General. Thousands of supporters have also taken part in campaigner actions and signed a petition which was presented to Downing Street.
Judicial reviews of the decision to extradite Gary
We submitted evidence during the Judicial Review of the Home Secretary's decision to extradite Gary, which was heard on 9 June 2009.
The Judicial Review considered whether the Home Secretary had been right in deciding to extradite Gary following his late diagnosis with Asperger syndrome and whether extradition would contravene specific human rights in regards to the European Court of Human Rights (ECHR). The decision also looked at whether the Director of Public Prosecutions (DPP) was right in not deciding to prosecute Gary in this country.
Our evidence explained the nature of Asperger syndrome; the fact that diagnosis in adults is often late (as in Gary's case); and that people with Asperger syndrome may be particularly vulnerable because of their difficulties with social awareness and communication - and may be susceptible to additional mental health problems as a result of their disability.
On 31 July the High Court refused Gary's application for permission to apply for Judicial Review of the DPP's decision on the basis that it has no real prospect of success.
Whilst acknowledging that, were Gary to be extradited to the USA, convicted, and given a prison sentence, he would suffer from his detention there much more than a person without Asperger syndrome, the Court found that there was no real risk that Gary's imprisonment in the USA would reach the high level of severity required to meet Article 3 of the ECHR. In its Judgment, the Court took into account the fact that although Gary has Asperger syndrome, he has never required or received psychiatric or other medical treatment for his condition, and has been able to deal with the extradition process in this country.
The Court also found that, under Article 8 of the ECHR, his extradition would be in accordance with the law and an appropriate response to his alleged offence.
Affirming what had been previously ruled, the Court found that the USA is the right place for Gary to stand trial.
Gary then applied for permission to appeal to the UK Supreme Court. Permission was denied on 9 October.
What is Asperger syndrome?
Asperger syndrome is a form of autism, a condition that affects the way a person communicates with and relates to others and the world around them. It is not uncommon for people with Asperger syndrome to develop single-minded, obsessional interests, and to be unaware of the effect their actions have on others.
You can read more about Asperger syndrome, and access information for criminal justice professionals on our website:
More about Gary McKinnon's case:
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On 3 July, we delivered a petition to 10 Downing Street calling on the Prime Minister to prevent the extradition of Gary McKinnon. Signed by 4,388 NAS supporters, it was delivered by Gary's mum, Janis Sharp, and Trudie Styler, one of several celebrities supporting Gary's case. Related resources
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