On 23 January 2009, Gary McKinnon's attorney released this statement:
Today the European Court of Human Rights ('ECtHR') ruled against Mr McKinnon's application for Rule 39 Interim Relief. This application was made in order to stop our client's extradition to the United States pending a further substantive application to the ECtHR against his extradition.
The temporary prohibition of our client's extradition as granted by the ECtHR on 12 August is now effectively lifted and the authorities of the United Kingdom are now free to extradite our client to the United States.
The offences for which our client's extradition is sought were committed on British soil and we maintain that any prosecution of our client ought therefore to be carried out by the appropriate British authorities. Our client now faces the prospect of prosecution and imprisonment thousands of miles away from his family in a country in which he has never set foot.
The Act of Parliament under which our client was extradited contains no provisions barring extradition for offences alleged to have been committed in the UK. Our client's case highlights a worrying trend where UK citizens are at the mercy of the ever-increasing tendency of overseas prosecutors to extend their jurisdiction to crimes allegedly committed in this country.
Mr McKinnon has recently been diagnosed as suffering from Asperger Syndrome. As a result, we will be writing to the Home Secretary again inviting a prosecution in this country.
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