Extradition: MPs To Demand 'Urgent' Reform Of Treaty With US

Cameron Obama

The Huffington Post UK   First Posted: 05/12/11 11:19 GMT Updated: 05/12/11 11:35 GMT

A cross-party group of MPs will demand the government amend the UK-US extradition treaty this evening, amid fears it is unfair on British citizens.

Of particular concern is the case of alleged computer hacker Gary McKinnon who has been fighting extradition on health grounds for six years.

McKinnon, who is accused of hacking into the Pentagon in order to search for evidence of UFOs, suffers from Asperger’s syndrome and his supporters argue he should serve any sentence at home in Britain.

Among the MPs who have signed the motion are former Conservative shadow home secretary David Davis, Labour chair of the Commons home affairs committee Keith Vaz and former Lib Dem leader Menzies Campbell.

The MPs who pushed for the debate are hoping a victory for their side would put pressure on ministers to renegotiate the treaty.

Tory MP Dominic Raab, one of the leading figures pushing for change, said the process needed to be more transparent and should be in line with the treaties the US has with countries such as Australia.

"The data shows that five Americans have been extradited to the UK under the new regime, 29 British citizens the other way. I think the key issue here, no-one is suggesting abolishing extradition, but it's about reform," he told the BBC's Today programme this morning.

"The key issue in the American treaty is 'forum'," he said. "So where you have cross-border cases like Gary McKinnon, where should it be decided and who decides? At the moment it's done by sort of haggling between prosecutors behind closed doors.

"Actually it should be done openly in court. And just by the way, the US has treaties with Mexico, Brazil and Australia, giving their authorities much greater discretion to refuse to extradite their citizens.

"So why shouldn't Britain, a stalwart ally, ask for this very modest change? And I think it's important that both countries depoliticise this and I think a forum clause would help us achieve that."

But former Labour home secretary David Blunkett said Raab and other MPs concerns were "based on a myth".

"It's based on the fact they believe there is a substantial difference between what we agree in terms of our own citizens and what the Americans agree for theirs - there isn't."

And a recent review into the treaty conducted by the former Court of Appeal judge Sir Scott Baker concluded the treaty "does not operate in an unbalanced manner”.

However, the parliamentary Joint Committee on Human Rights recently said that "safeguards" to protect British citizens needed to be brought in.

The text of the motion to be debated this evening in the Commons calls for the government "to reform the UK’s extradition arrangements to strengthen the protection of British citizens by introducing as a matter of urgency a Bill to enact the safeguards recommended by the Joint Committee on Human Rights".

The American ambassador to London, Louis Susman, has insisted that the treaty is fair and that criticisms that it is unbalanced are based on a misunderstanding of its function.

Writing in the Daily Telegraph on Monday, he said the US-UK treaty in its current form was "fair and balanced" and “didn’t need to be changed”.

"In an age of international crime syndicates, global terror networks and cyber attacks, my government strongly supports the US-UK Extradition Treaty as an essential tool for bringing criminals to justice," he said.

He added: "It is worth noting that the United States has never denied an extradition request from the UK under the present treaty."

Officially Downing Street has not ordered coalition MPs to vote a certain way, but it has been reported that they are putting pressure on backbenchers behind the scenes to vote against the motion.

MPs are also concerned about Britain's extradition arrangements with the European Union and the operation of the European Arrest Warrant.

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A cross-party group of MPs will demand the government amend the UK-US extradition treaty this evening, amid fears it is unfair on British citizens. Of particular concern is the case of alleged comp...
A cross-party group of MPs will demand the government amend the UK-US extradition treaty this evening, amid fears it is unfair on British citizens. Of particular concern is the case of alleged comp...
 
 
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04:37 PM on 01/31/2012
I am an American living in England and I must say to my British comrades and friends: you cannot possibly understand what it means to be incarcerated in the United States. Incarceration is the only condition wherein a person may be legally enslaved in the US. The text of the 13th Amendment to the US Constitution reads:

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

...and that is taken seriously. Prisoners in penitentiaries in Louisiana pick cotton and soy in the same fields labored by African American slaves a century and a half ago. Ask yourselves whether you want Englishmen to be enslaved by Americans before you start shipping your people off to face American "justice."

Many prisons in the US are privately run, for-profit, institutions. Judges in the United States have been caught taking bribes from prison industrialists in order to populate beds in these for-profit prisons creating a profit-motive for "guilty" sentences. Ask yourselves whether you would stand for this in England.

I expatriated for a reason. There is no such thing as "justice" in the United States.
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NOSHER
02:32 PM on 12/05/2011
its about time this extradition law was sorted every other country have there own laws send all the illegal and criminals back to there own country then we would save the tax payers
01:01 PM on 12/05/2011
As I understand it the USA has not even signed their side of this reputed treaty. To my mind therefore the treaty is is limbo and inoperative. We signed this treaty to facilitate removals of the Bin Ladins of this world and not for it to be misapplied to economic or IT offenders.

What is the matter with the appellate courts? They have the power to read down this unilateral treaty to a) our understanding of it and / or b) to disapply it until the USofA signs anyway.

If the Courts won't act, Parliament should and ressile from the treaty. We signed it in a fit of sentimentality post 9/11.

We will be out of it shortly and at present we (the Brits) are getting consistently the feacal impregnated end of the stick.

Added which; the USA and the Eurozone both needs us now than we need them.

If we need to cosy up to anyone, it is the Chinese - not either of the other lots.
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Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
01:00 PM on 12/05/2011
This is long overdue, and "the forum clause" must be added and it should be decided in open court by a Judge, and not behind closed doors by prosecutors. This equally applies to the European Arrest Warrant an our extradition treaty with the USA.
12:34 PM on 12/05/2011
All I can say is about time! Whilst we are at it, lets look at the situation regarding 'friendly fire' in war time. We seem to loose a lot of soldiers to this and no one in America seems to be prosecuted. Our guys seem to have to stand and be tried for whatever they do.
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Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
01:05 PM on 12/05/2011
The Americans have lost far more troops through so called friendly fire than we have, it is caused by "the fog of war" it is sometimes impossible to know who is who.
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