Home Secretary "stops the clock" on McKinnon extradition

 

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By Stuart Turton

Posted on 27 Oct 2009 at 11:18

Home Secretary Alan Johnson has "stopped the clock" on Gary McKinnon's extradition, while new medical evidence is considered.

In response to a question by McKinnon's MP, David Burrowes, Johnson told the House of Commons that "we have stopped the clock ticking on the representation to the European court because new medical evidence has been provided."

"There are two issues upon which Gary McKinnon's legal advisors have argued: the first is that the director of public prosecutions should have tried him in this country. The high court in July dismissed that, and wouldn't allow it to go to judicial review."

"I have to ensure that his Article 3 human rights are being respected. It's that new medical evidence that I will be looking at very carefully".

Article 3 of the Human Rights Treaty prevents people from "being subjected to torture or inhuman or degrading treatment or punishment."

McKinnon's lawyers have argued that he would suffer a mental breakdown, possibly resulting in suicide, if he was forced to serve his sentence in a US prison.

However, this argument failed to move Lord Justice Stanley Burnton, who dismissed McKinnon's appeal to present his case to the supreme court earlier this month. Delivering his decision, the Lord Justice claimed it was unlikely that extradition to the US constituted a violation of Article 3.

Burrowes further requested that McKinnon's proposed extradition be delayed until the Home Affairs Select Committee had met to assess the controversial US/UK extradition treaty, which allows the US to request extradition without first providing evidence.

The committee will meet on 10 November.