Extradition could cause pentagon hackerGary McKinnon"acute mental suffering"
and breach his rights under the
Human Rights Act, the High Court heard
today.
The hearing will decide whether the UK was right to approve the
extradition of Gary McKinnon, who has been diagnosed with autism,
to the US to face charges of hacking into US military
computers.
There is a reasonable alternative to sending someone with a
delicate physiological condition to stand trial and face long-term
imprisonment in the US, the court heard.
Edward Fitzgerald QC, quoting medical evidence provided by
Professor Simon Baron-Cohen of the Cambridge University Autism
Research Centre, asked the court to consider whether the
extradition would "unnecessarily expose someone to a risk of
serious mental deterioration and risk of suicide".
He said it is not a choice between "extradition or impunity".
The alternative is to prosecute McKinnon in the UK, where he could
be close to his family and partner, and protected under the Human
Rights Act.
"What level of psychological suffering is acceptable?" asked
Fitzgerald. Is it "proportionate" to seek extradition in disregard
of frightening medical evidence when McKinnon could simply be
prosecuted in the UK?
The US/UK Extradition Treaty allows the UK to prosecute
defendants at home instead of extraditing them. The court heard how
there were humanitarian reasons for doing so.
Extradition could cause McKinnon "acute mental suffering" and
this would breach his rights under Article 3 of the Human Rights
Act, which protects people from torture and cruel or degrading
treatment, Fitzgerald said.