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Thursday, 8th July 2010

Gary McKinnon should convert to radical Islam

David Blackburn 11:43am

The European Court of Human Rights is an essential check on executive excess, but today it has perverted justice. It has halted Abu Hamza’s extradition to the US, where he was to be tried for colluding with al Qaeda. Its view was that Hamza would likely be subject to inhumane and degrading incarceration. In other words, the ECHR has decided that the US prison system is not compatible with the standards agreed by signatories to the European Convention on Human Rights. Fine.

Except, of course, it has not. There is a pernicious double standard at work here. Gary McKinnon, the aspergers sufferer who hacked into the Pentagon’s computer systems, is to be deported to the US. Is there a significant difference between colluding with Islamists and committing an act of 'computer misuse' against a sovereign state's defence intelligence systems? I would argue that there is not: both are very serious offences, and McKinnon could have (indeed may have) sold his information to unknown third parties. The ECHR disagrees: it rejected Gary McKinnon’s extradition appeal outright. Therefore it follows that whilst disabled Islamists are not safe in US Prisons, anything goes for anyone else.

Now, I don’t see why McKinnon and Hamza should be extradited: they could serve their terms in Britain. But it is absolutely incontrovertible that all are equal before the law; it should not privilege religious fanatics. The decision is a disgrace. 

Filed under: Crime (260 more articles) , Espionage (20 more articles) , Europe (752 more articles) , Human Rights (61 more articles) , International politics (737 more articles) , Islamism (124 more articles) , Terrorism (298 more articles) , UK politics (5406 more articles)

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Comments Post comment

Nickle

July 8th, 2010 11:49am Report this comment

It's buck passing.

If they have committed an offence, they committed it in the UK.

The UK should either prosecute, or not extradite.

Outsourcing justice to the US isn't acceptable.

John Richardson

July 8th, 2010 12:01pm Report this comment

"The European Court of Human Rights is an essential check on executive excess, but today it has perverted justice."

Written without irony....

Though it is hard not to smirk when a politically correct progressive liberal, such as Mr Blackburn, collides momentarily with real life; we shouldn't really...

It is not spiritually healthy to mock those thus afflicted.

The substantive point being, obviously, that Mr Blackburn will soon effortlessly forget his Tachell like 'outrage'.
Soon his readers will again be bathed in the usual immoral and often near insane contradictions, without protest.

After all, what is the main stream /corporate media for ?

abdullah

July 8th, 2010 12:04pm Report this comment

What has islam got to do with this article just another example of marrying islam with injustice any thing evil etc. Point of note it has nothing to do with muslims that the uk has always been a poodle to the USA

Sam ARMSTRONG

July 8th, 2010 12:06pm Report this comment

A travesty. Hamza should be sent on to America precisely because they might treat him badly. Personally I think he should be set in concrete wellies with a permanent live TV feed so that the nation he has colluded against can watch him die slowly form their armchairs.

GeoffH

July 8th, 2010 12:11pm Report this comment

"The European Court of Human Rights is an essential check on executive excess, but today it has perverted justice"

You've misunderstood the function of the ECHR.

It exists solely to stick two fingers up at the British people and its government.

Justice has nothing to do with its operations.

Neil Turner

July 8th, 2010 12:20pm Report this comment

The UK is in effect under sharia

Muslims get preferential treatment in the courts and by the media. Israel is demonised.

All this is enforced by those who rule over us.

Mr Cameron and members of the press, don't you know just how angry this makes patriotic British people ?

egh

July 8th, 2010 12:21pm Report this comment

EUSSR GO HOME: Get Out and Stay Out. You have no right to be in our legal system - your appropriation of it is the biggest contravention of human rights in the entire history of the human race. How you even have the face to say Human Rights beats me!

On the question at hand: Our relationship with the US is older and closer, and it's our business.

ollie

July 8th, 2010 12:30pm Report this comment

This is the creed by which the ECHR operates - that some species of human are more worthy of protection than others. It's that word the Left adore so much - "minority". McKinnon's great misfortune is that he is a white British man with probably no religious denomination.

Walsingham's Ghost

July 8th, 2010 12:32pm Report this comment

Damn right, David.

Theresa May needs to 'grow a pair' and tell the ECHR to stuff their double-standards and refuse to send McKinnon to the US to face a show-trial on a charge of little more than exposing how utterly ineffective the Pentagon's computer security systems are.

Instead of prosecuting the poor guy, the Pentagon should employ him to test their systems for them, so that the real terrorists cannot gain access to them.

But then again, shooting the messenger has always been the easier option I suppose...

WG

Patricia Shaw

July 8th, 2010 12:33pm Report this comment

I wonder what Al Jazeera says on the issue?
Now broadcasting on freeview channel 89.
Some fascinating programmes about the Israeli right recently, and another discussion about Turkish attitudes. Enjoy!

Paul Huxley

July 8th, 2010 12:33pm Report this comment

Or he could become a homosexual and claim that he needs asylum from the nasty homophobes in America.

Peter Harrison

July 8th, 2010 12:45pm Report this comment

How about we deal with the facts rather than make them up. The ECHR hasn't made a final decision in this case so this entire article is based on a false premise.

The ECHR has not taken the view that Abu Hamza would suffer inhumane and degrading incarceration. Indeed, it has specifically said that he has no case against conditions at the prison. All the ECHR has done is says it wants to hear more detailed arguments on the effects of the length of sentence he is likely to face (life without parole - not something Gary McKinnon will face if extradited). They also want to hear more detailed arguments on the conditions at the prison (ADX Florence) from the other three men involved in the case. The court has rejected a whole pile of other claims made by the four men.

No final decision will be made until they have heard those arguments. That would be the appropriate time to accuse them of getting it wrong. Right now, all they've done is said that the men mustn't be extradited until they've had a chance to hear detailed arguments. No different from what a British court would do. After all, there isn't much point in saying you want to hear detailed arguments but you are going to allow the extradition to go ahead in the meantime.

David Lindsay

July 8th, 2010 12:47pm Report this comment

Perhaps there have been human rights abuses against Abu Hamza. These days, I fully expect that there have been. But without a resolution of the House of Commons (itself elected more proportionally and from candidates selected by means of something like an open primary system), no ruling of the European Court of Human Rights, nor or of the European Court of Justice, nor of the Supreme Court, nor pursuant to the Human Rights Act, should have any effect in the United Kingdom. The High Court of Parliament is precisely that: The High Court of Parliament.

And as such, it cannot co-exist with a Supreme Court detached from Parliament and, being Supreme, both enjoying and, soon enough, exercising the right to strike down the Statute Law with no one to in any position to do anything about this monstrous overthrow of democracy and liberty. Male homosexual activity is illegal in something like seventy countries. Are we going to grant asylum to any man who arrives from any of them and claims to be inclined towards such acts?

TrevorsDen

July 8th, 2010 12:51pm Report this comment

Stop your petty propaganda 'Abdullah'. The US and GB are always at odds. They were at odds all the way through WW2.

The point of the article is plain; why should one case warrant interference and the other not? The more serious the case the more likely it seems the ECHR is likely to interfere.

John Richardson

July 8th, 2010 1:00pm Report this comment

"Are we going to grant asylum to any man who arrives from any of them and claims to be inclined towards such acts?"
[sodomites]
David Lindsay 12:47pm

Mr Lindsay, these judges are BAD people.
No logic, no argument, no reason will make any difference to them.
Think Soviet era judges.
Think Soviet Constitution.

I say your question should be ;
"...are we going to passively sit still and allow these weirdos to...grant asylum to any man....?"

What do you think, are we ?

GeoffH

July 8th, 2010 1:11pm Report this comment

"How about we deal with the facts rather than make them up. The ECHR hasn't made a final decision in this case so this entire article is based on a false premise."

But the court has form. They'll do the usual and stick two fingers up at us in the end.

As you say, today is just a 'trailer' but there's no reason to suppose on past form that the 'trailer' does not foreshadow where the court is going.

Jude Eshery

July 8th, 2010 1:36pm Report this comment

No one should be extradited or locked up without evidence no matter if they look like the typical cartoon picture of a terrorist like Hamsa or are a harmless lifelong UFO nut like McKinnon.
No evidence - No extradition - simples

Derek Pasquill

July 8th, 2010 1:43pm Report this comment

Human Rights are a disgrace full stop. The UK should cease being a signatory to these soi-disant human rights conventions which do more harm than good in that the only purpose they seem to serve is to further weaken the West.

Claire

July 8th, 2010 1:48pm Report this comment

'espionage'?? This is gutter journalism at its worst and most pernicious. This article is actionable.

Both the US and UK governments and prosecutors have acknowledged that Gary McKinnon was working alone, and that his motives were not political.

The Spectator should withdraw this demonstrably false and defamatory allegation against Gary McKinnon forthwith.

Jez

July 8th, 2010 2:24pm Report this comment

Ha Ha Haaaa!

It is always quite good when a personality (you David) get's hit fully with the realities of 21st Century Britain.

This double standard has been here from the bottom up since the late 80's- at least down here in the real world.

I think you'll find that once you've come to terms with the facts with the present state of affairs, e.g. just how slanted the the establishment is toward the rest of us, then you'll just have to pick the peices up and get on with it.

Remember David (with sincere respect) without this one sided merry-go-round people would start thinking what the hell is going on..... and if they do it won't be too good for the people who still want the country completely swampe... er, i mean 'open for business'.

Jez

July 8th, 2010 3:06pm Report this comment

@ David / Claire;

http://www.youtube.com/watch?v=W8otwr7ArmA

1 minute 58 seconds....

Linda Smith

July 8th, 2010 3:53pm Report this comment

@John Richardson

Probably.

yank

July 8th, 2010 5:12pm Report this comment

It is truly sad, to watch a great nation hand over sovereignty, relinquish self governance, and surrender their right to a Law based upon their own experience and historical tradition, in favor of something created by others, unknown and untested.

Just a sad thing, and a time for sorrow.

Not because of one or 2 ne'er-do-wells, who will get what they got coming, sooner or later... or not.

No, it more resembles the glib handing away of a birthright, one that may not even be yours to give away. And just sad, no matter what.

Stuart Seacole Smith

July 8th, 2010 5:35pm Report this comment

Jez: beautiful RD clip. Perfect!!

TomTom

July 8th, 2010 6:00pm Report this comment

"But it is absolutely incontrovertible that all are equal before the law;"

That is a Wish but not a Fact.

ndm

July 8th, 2010 6:22pm Report this comment

Two words: Jose Padilla.

http://andrewsullivan.theatlantic.com/the_daily_dish/2008/10/they-made-them.html

TGF UKIP

July 8th, 2010 6:55pm Report this comment

No wonder so many Americans view Europe and Europeans with so much contempt and they are entirely justified in doing so.

No doubt though that DavenNick will thoroughly approve of and endorse this dubious court's decision.

What a limp, lame, wet country once Great Britain has become.

Ruairidh

July 8th, 2010 9:34pm Report this comment

Nickle - look at the charges he would face in the US. The crime was to set up a terrorist training camp in the US. This is not outsourcing justice. A nonsensical claim. Deport Hamza and McKinnon. They have done the crime and should face trial. The European court has over reached here. It is outrageous that they should feel able to pontificate on whether or not the judicial system in a free first world democracy fits with their standards.

Lucy Clarke

July 9th, 2010 1:08am Report this comment

An afterthought upon reading this article :

"and McKinnon could have (indeed may have) sold his information to unknown third parties."

The US authorities, as well as the National High-Tech Crime Unit, the bodies responsible for investigating Gary, all agreed that he was not working for or with anyone else.

I acn only surmise that you are either so shoddy that you can't fact-check a few years in the past by using the Google News archive, or that you have an axe to grind, or a profile you wish to develop in the 'blogosphere'. any of these conclusions are quite sad.

If you choose not to show these comments, i can guarantee they will be brought up when we win this farce of a case and you will win a tiny shiny bit of publicity due to your lack of skill in your chosen profession.

Yours Very Sincerely,

Lucy Clarke,

Gary McKinnon's partner.

Victor Southern

July 9th, 2010 11:16am Report this comment

We note that the USA has simply deported real threats to national security - back to Russia. The deal involves a life ban on them ever re-entering the States.

Compared to those MacKinnon faces up to 70 years in jail. Can his extradition be justified?

Claire

July 13th, 2010 4:18am Report this comment

"McKinnon could have (and may have) sold his information to 3rd parties"?

Mr Blackburn, may I ask what is your evidence for this slur? If you're at all familiar with the case, you will know that US and UK prosecutors and governments have all acknowledged that Gary McKinnon was acting alone.

Why are you persisting with making these preposterous, false, and damaging allegations against Gary McKinnon? Could you please explain? Or better yet, remove them from the article, and publish a full retraction and clarification.

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