Friday, 13 June 2008

High Court certfies two points of law for the House of Lords to consider in the Gary McKinnon extradition to the USA case.


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The Administrative Court (one of the High Courts) has certified two questions on points of law, for the House of Lords (the highest Court in the the United Kingdom) to consider.

The House of Lords is not automatically bound to consider this final appeal, e.g. they chose not to do so in the case of the the NatWest 3 bankers

Media statement from Gary's solicitors Kaim Todner:

We are pleased to report that the Administrative Court have certified two questions of being of public importance in the case of Gary McKinnon. These questions relate to the diplomatic note confirming that Mr McKinnon will not be treated as a terrorist under Military Order No. 1 by the American Government and secondly the conduct of the American Government in offering Mr. McKinnon a plea bargain but only on the basis that if he did not accept it he would subsequently not be repatriated if extradited to the USA.

We will now be applying for leave to the House of Lords for these points to be argued in full.

Kaim Todner LLPTechnorati Tags: , , , , , ,

Friday, 6 June 2008

Time runs out! Should this happen with no evidence?

Time runs out!



Family await appeal verdict
Family await appeal verdict

Published Date: 06 June 2008
A COCKROACH-INFESTED cell in a tough Arizona jail could be home to Bo'ness businessman Brian Howes for three years as he awaits trial in the United States.
This week, Scottish justice minister Kenny MacAskill gave his approval to demands that Mr and Mrs Howes should be extradited to the United States.

Mr Howes is appealling that decision. If the appeal fails he could be in an American jail within 28 days.

The father of six then faces a lifetime behind bars if claims he illegally supplied chemicals which are used to create the deadly illegal drug crystal meth are substantiated.

Also facing a miserable future is Mr Howes' bride of three months, Kerry-Ann Howes (30).

Mr Howes (44), of Bridgeness Road, told the Journal: "I don't think either Kerry-Ann or myself is strong enough to withstand the Arizona penal system which is said to have the worst human rights record in the United States.

"Temperatures hit 140° Fahrenheit, there are chain gangs and racism. Saughton prison, where I spent seven months on remand, is a holiday camp in comparison!"

The couple, who have no funds, will have to rely on a public defender to plead their case in the US. That could mean a three-year wait before their case goes to trial.

"Cases taken by the public defender, the equivalent of our legal aid system, are seen as low priority," said Mr Howes.

"I have it on good authority that, if I had £30,000 to pay our legal costs then, if our appeals fail and we're extradited, the case could be heard within a year."

Mr Howes said he did not blame the justice minister for signing the extradition warrant.

"My information is that he was sympathetic towards us but that it was not in his power to refuse," he said.

Mr Howes insisted no firm evidence has yet been produced to link his businesses with the production of crystal meth in the United States.

He said: "I have asked Kenny MacAskill and Alex Salmond if they would, in an independent Scotland, support an extradition treaty that can see people stand trial without prima facie evidence. I have not had a reply from either of them."

He went on: "I can't envisage the damage extradition would do to our whole family.

"Our two youngest children would be take into care and the elder two would also be farmed out. As it is, my bail conditions prevent me from seeing my two children in England."

Mr and Mrs Howes face 82 charges of supplying chemicals over the internet to people believed to be involved in producing methamphetamine, commonly known as "crystal meth".

The couple were arrested in January 2007 by officers from Central Scotland Police acting on behalf of the US Drug Enforcement Agency.

At Edinburgh Sheriff Court in April, Sheriff Isabella McColl said she was satisfied the US request met the requirements of the Extradition Act. The court heard claims that chemicals supplied by the couple were traced to more than 80 illegal laboratories in the US.

The court was also told that, between August 2004-06, the couple's business was alleged to have supplied 653lb of red phosphorous and 97lb of iodine to the US.

Use of methamphetamine can lead to depression, paranoia, violent behaviour, kidney failure and internal bleeding.

Mr Howes has a son, Ryan (11), and daughter, Jessica (9), in England from a previous relationship.

He and Kerry-Ann, who were married in Bo'ness Registry Office just days before they learned that they were to be extradited, have two children, Ellie (5) and Leela (2).

Mrs Howes has two daughters, Denni (10) and Bethany (9) from a previous relationship.
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Thursday, 5 June 2008

Human Rights Doubts over terror law safeguards

An armed police officer
The government hopes its concessions will head off a Commons defeat

The government has still not done enough to protect individual liberty in its anti-terror plans, an influential committee of MPs and peers says.

Home Secretary Jacqui Smith unveiled a series of amendments earlier this week aimed at heading off a Commons defeat.

But in a new report the joint committee on human rights said the safeguards were "inadequate".

And plans to hold terror suspects for up to six weeks without charge would "almost certainly not be lawful".

Ms Smith told The Spectator she thought the government would win next week's crunch Commons vote on 42 day detention.

But she also stressed that defeat would not bring down the government, as some commentators have predicted.

"I think if it was turned into a vote of confidence there would be massive support of the government, I don't think it would be a problem," she told the magazine in an interview to be published on Thursday.

'Grave threat'

Ms Smith has unveiled a series of amendments to the Anti-Terror Bill aimed at winning over critics.

This report takes paint-stripper to the government's claims that it is installing adequate safeguards
Chris Huhne
Liberal Democrats

These include greater Parliamentary oversight and the stipulation that extra detention powers could only be used in the event of a "grave exceptional threat".

The government argues that the scale and complexity of terror plots mean police will inevitably need longer to hold suspects in the future.

But Lib Dem, Conservative and up many Labour MPs are still thought to be planning to vote against the plans on civil rights grounds.

It had been thought as many as 50 Labour MPs would vote against the plans, but some are thought to have changed their minds after studying the amendments.

The government's case will not be helped by a report by the joint committee on human rights published on Thursday, which said the plans could breach European human rights laws.

The report adds that the amendments offered were "inadequate to protect individuals against the threat of arbitrary detention".

The committee said the description of a "grave exceptional threat" was not tight enough.

'Heavily circumscribed'

Committee chairman Labour MP Andrew Dismore said: "The government has talked of a major emergency, the 'nightmare scenario' of simultaneous plots across Britain or two 9/11s at once.

"Yet the amendments tabled by the government provide for possible events falling well short of that."

The report also said requiring the home secretary to declare publicly there was a serious enough emergency to justify the powers was not much of a safeguard without independent scrutiny.

And allowing Parliament to vote on the individual case within seven days - another concession - would make little difference as any debate would be "heavily circumscribed by the risk of prejudicing future trials".

The committee says the proposals should be abandoned and instead the government should set out how it would opt out of human rights obligations, should there be an "emergency threatening the life of the nation".

It concluded: "No amount of additional parliamentary or judicial safeguards can render the proposal for a reserve power of 42 days' pre-charge detention compatible with the right to liberty in Article 5 of the ECHR (European Convention of Human Rights)."

For the Liberal Democrats, Chris Huhne said: "This report takes paint-stripper to the government's claims that it is installing adequate safeguards for the use of 42 days of detention without charge."

He said the extension would be "draconian" and "nearly four times as long as in comparable English-speaking countries". Technorati Tags: , , , ,

Monday, 2 June 2008

UK cops arrest six alleged BitTorrent music uploaders

Surprise new arrests in OiNK investigation

Published Monday 2nd June 2008 14:29 GMT

Updated Cleveland police have today confirmed that six people have been arrested for allegedly sharing music files via the defunct BitTorrent tracker OiNK.cd.

Five men aged between 19 and 33, and a 28-year-old woman were detained "in relation to uploading pre-release music", the force said in a statement. Three of the arrests were made on Friday 23 May, and three on Wednesday 28 May.

All have been bailed without charge, pending further inquiries. A spokeswoman for Cleveland police was unable to provide details of which specific criminal law or laws the six are under suspicion of breaking.

The swoop comes more than seven months after OiNK.cd was shutdown by a widely-publicised raid at the Middlesbrough home of its adminstrator, 24-year old IT worker Alan Ellis. A coordinated move by Dutch police also seized the invitation-only website's servers, which were later returned wiped.

Ellis remains on police bail under suspicion of conspiracy to defraud and infringement of copyright law. His bail has been repeatedly extended, with the next deadline set for 1 July.

Reports of further arrests in the investigation emerged on Friday 30 May on the filesharing blog Torrentfreak. Today it cites sources saying that the majority of those arrested did not know Alan Ellis. It's claimed they have been asked to hand over details of their OiNK.cd accounts, including passwords.

Section 49 of the Regulation of Investigatory Powers Act can be used by police to force suspects to disclose encryption keys and passwords. Failure to comply with with a section 49 order carries a prison sentence of up to five years.

At the time of the shutdown, investigators took over the OiNK.cd domain, posting a warning to the site's users. It said: "A criminal investigation continues into the identities and activities of the site's users." Many BitTorrent users had believed further arrests were unlikely, however.

Control of the domain has since returned to its owner.

OiNK.cd was reckoned by many filesharers to be the internet's most complete music source. It focused on high quality files and featured trackers for pre-release material, which drew it special attention from record industry anti-piracy investigators. ®

Update

The BPI, which represents major record labels in the UK, sent us this statement in response to the news:

The BPI and IFPI worked with the police in order to close down the OiNK tracker site last October. The illegal online distribution of music, particularly pre-release, is hugely damaging, and as OiNK was the biggest source for pre-releases at the time we moved to shut it down. We provided the information to assist this investigation, but this is now a police matter and we are unable to comment further at this stage.
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Blunkett: Labour at rock bottomThe end of Labour


Gordon Brown's government has "hit rock bottom", but defeat over
anti-terror plans would not be a "knockout blow", ex-home secretary

David Blunkett says.

Attempts to extend the limit to 90 days in 2005 ended in defeat for Labour
An armed police officer









He told Simon Mayo on BBC Five Live that Labour's present unpopularity meant things could not get any worse.


Mr Blunkett backs the plan to extend from 28 days to 42 days the time terror suspects can be held without charge.


Mr Brown says he will not retreat on the issue despite the number of Labour rebels threatening to inflict defeat.


Mr Brown says the extension from 28-days is needed because of the complexity and sheer number of plots.






















We've hit a rock bottom in my view and we can only climb out of it












David Blunkett
Sheffield Brightside MP















But he faces opposition from about 50 Labour MPs, in addition to Lib Dems and Tories amid fears over civil liberties.


Mr Brown says he has "tried to build a consensus" on the plans - due to
be subject to a Commons vote next week - and urged MPs to back him.


He also refused to be drawn on whether defeat would mean a vote of confidence on his leadership.


Mr Blunkett said he did not believe losing the vote would spell the end for the prime minister.


Civil liberty concerns

"We've hit a rock bottom in my view and we can only get... climb
out of it, so I think that, whilst it would be yet another knock, it
would not be a knockout blow," he said.

He insisted there was no alternative to keeping suspects in
custody, despite claims by some critics the measure would infringe
civil liberties.

"I really don't understand how anyone can believe that you can
pat a terrorist on the head and say: 'Don't worry, we won't hold you
while we investigate these multiple links across multiple boundaries
across the world - we'll let you out, so we're being ultra-careful not
to infringe your rights, even though you might well infringe our
lives'," he said.

"We're trying here to ensure that when evidence is available of
the threat of terrorist action, we don't allow the very act of having
an open, democratic, civil rights based society to undermine our
ability to protect ourselves - that would be very foolish."

Home Secretary Jacqui Smith is set to meet Labour backbenchers
on Monday evening in a bid to try to persuade them of the need for the
42 day plan.Technorati Tags: , , ,

Thursday, 15 May 2008

This is the future for Brian Howes and Kerry Howes if Extradited.

By Chris Summers
BBC News

Shaun Attwood during his stockbroker days
Shaun Attwood, serving a nine-and-a-half-year sentence
A British stockbroker in jail in the United States has been lifting the lid on a controversial prison regime through a compelling weblog.

Sheriff Joe Arpaio forces inmates to wear pink underpants, puts women on chain gangs and brags that it costs more to feed the guard dogs than the prisoners he oversees. No surprise then that he is often called America's "toughest sheriff".

But while his hardline tactics have won him plenty of admirers among the voting public of Maricopa county, Arizona, they have outraged human rights campaigners.

Now, as Mr Arpaio seeks re-election to his job, few would have suspected one of his most vocal critics to be a 35-year-old stockbroker from Widnes, Cheshire.

Shaun Attwood landed in Mr Arpaio's authority after he was arrested in connection with raves he organised in and around Phoenix. Through a series of letters, penned from the confines of his remand centre, and published on the net, Mr Attwood has shed light on a controversial prison regime.

Hardline regime

Sheriff Arpaio's prison policies have made headlines across the United States. He reinstated chain gangs, for women and juveniles, as well as men, forces inmates to wear pink underwear and the old fashioned black and white hooped uniforms, and hit on the idea of housing minor offenders in a huge "Tent City" in the desert.

SHAUN ATTWOOD'S STORY
1991: Moves from UK to Arizona, US, and gets a job as stockbroker
Late 1990s: Quits job to become a full-time rave promoter in Phoenix area
May 2002: Arrested on charges of money laundering and held on remand.
Jul 2004: Sentenced to nine-and-a-half years and moved to a prison with 'better conditions'
Oct 2004: Still blogging and campaigning against sheriff Joe Arpaio
Mr Arpaio, whose jurisdiction covers Arizona's capital, Phoenix, is defiant about his policies although insists he runs a "humane jail system".

Nevertheless, Shaun Attwood's online diary tells a disturbing story of life in the Maricopa penal system, which he calls "subhuman". Attwood, who has since been moved to a more lenient state prison, and thus out of sheriff Arpaio's control, managed his weblog with the help of his father, Derick, back in the UK.

Fleeing the British recession of the time, Attwood, an economics graduate then fresh out of Liverpool University, moved to Phoenix in 1991 where his two aunts lived. He took local exams before getting work as a stockbroker and, as a successful day trader, earned about £1m.

But he became bored with the world of financial markets and opted to turn his hobby into a full-time job. A fan of the rave culture in Liverpool, Attwood took his love of dance music with him when he moved to the US. By the late 1990s he was organising several large raves in and around Phoenix.

It was a role which eventually saw him arrested, and convicted for money laundering and drugs offences. After more than two years in a remand prison, run by Sheriff Arpaio, he was sentenced, in July this year, to nine-and-a-half years inside.

Pencilled pleas

His weblog started after Attwood began writing to one of his aunts in Arizona. Attwood wrote his notes using a tiny, blunt pencil stub - proper pens and pencils are banned as potential weapons - and paper, which was frequently sodden from sweat because of the intense heat in the prison.

Sheriff Joe Arpaio
Everybody complains - but if you don't like it, you don't violate the law and you won't come back
Sheriff Joe Arpaio
Although bleak and depressing, the letters were also "beautifully written and deeply moving", according to his father, Derick, to whom they were passed on. Inspired by the example of Salam Pax, the so-called Baghdad Blogger, Derick Attwood set up a weblog in an effort to publicise his son's views.

Fearing repercussions, Derick Attwood initially made the blog anonymous, calling it simply Jon's Jail Journal. A picture of Shaun Attwood was only added in the summer, after his move to the state prison.

Attwood's weblog makes disturbing reading and includes a catalogue of alleged breaches of human rights for those on remand. They include:

  • prison food being mixture with rotten meat, fruit and vegetables and mouldy bread. Attwood even says he saw a rat's head in one stew;
  • cells infested with cockroaches;
  • coolers which did not work and temperatures frequently touching 100°F.

    Ruby Wax visiting one of the jails in Maricopa County
    No laughing matter: Ruby Wax visits prison guards in Maricopa
    Speaking to the BBC News website, Mr Arpaio defended his regime.

    "I feel that you should be tough on crime and run a tough jail. They don't get steaks, movies, porno, cigarettes or alcohol, but it's humane," he says. "Everybody complains - but if you don't like it, you don't violate the law and you won't come back. "

    It's a record he will be judged on later this month when Mr Arpaio, along with thousands of sheriffs, police chiefs and district attorneys across the US, comes up for re-election. He will be running on a Republican party ticket.

    Although his Democrat challenger Bob Ayala is highly critical of the Arpaio rule, Derick Attwood says he is unlikely to break the sheriff's stronghold.

    Meanwhile, Shaun Attwood's mother, Barbara takes comfort in the belief that her son has done something to lift the lid on Maricopa county's extraordinary prison regime.

    "One of the guards once told Shaun 'nobody knows what's going on in here'," says Barbara Attwood. "Well they do now."


  • Technorati Tags: , , , , ,

    This is the future for Brian Howes and Kerry Howes if Extradited.

    By Chris Summers
    BBC News

    Shaun Attwood during his stockbroker days
    Shaun Attwood, serving a nine-and-a-half-year sentence
    A British stockbroker in jail in the United States has been lifting the lid on a controversial prison regime through a compelling weblog.

    Sheriff Joe Arpaio forces inmates to wear pink underpants, puts women on chain gangs and brags that it costs more to feed the guard dogs than the prisoners he oversees. No surprise then that he is often called America's "toughest sheriff".

    But while his hardline tactics have won him plenty of admirers among the voting public of Maricopa county, Arizona, they have outraged human rights campaigners.

    Now, as Mr Arpaio seeks re-election to his job, few would have suspected one of his most vocal critics to be a 35-year-old stockbroker from Widnes, Cheshire.

    Shaun Attwood landed in Mr Arpaio's authority after he was arrested in connection with raves he organised in and around Phoenix. Through a series of letters, penned from the confines of his remand centre, and published on the net, Mr Attwood has shed light on a controversial prison regime.

    Hardline regime

    Sheriff Arpaio's prison policies have made headlines across the United States. He reinstated chain gangs, for women and juveniles, as well as men, forces inmates to wear pink underwear and the old fashioned black and white hooped uniforms, and hit on the idea of housing minor offenders in a huge "Tent City" in the desert.

    SHAUN ATTWOOD'S STORY
    1991: Moves from UK to Arizona, US, and gets a job as stockbroker
    Late 1990s: Quits job to become a full-time rave promoter in Phoenix area
    May 2002: Arrested on charges of money laundering and held on remand.
    Jul 2004: Sentenced to nine-and-a-half years and moved to a prison with 'better conditions'
    Oct 2004: Still blogging and campaigning against sheriff Joe Arpaio
    Mr Arpaio, whose jurisdiction covers Arizona's capital, Phoenix, is defiant about his policies although insists he runs a "humane jail system".

    Nevertheless, Shaun Attwood's online diary tells a disturbing story of life in the Maricopa penal system, which he calls "subhuman". Attwood, who has since been moved to a more lenient state prison, and thus out of sheriff Arpaio's control, managed his weblog with the help of his father, Derick, back in the UK.

    Fleeing the British recession of the time, Attwood, an economics graduate then fresh out of Liverpool University, moved to Phoenix in 1991 where his two aunts lived. He took local exams before getting work as a stockbroker and, as a successful day trader, earned about £1m.

    But he became bored with the world of financial markets and opted to turn his hobby into a full-time job. A fan of the rave culture in Liverpool, Attwood took his love of dance music with him when he moved to the US. By the late 1990s he was organising several large raves in and around Phoenix.

    It was a role which eventually saw him arrested, and convicted for money laundering and drugs offences. After more than two years in a remand prison, run by Sheriff Arpaio, he was sentenced, in July this year, to nine-and-a-half years inside.

    Pencilled pleas

    His weblog started after Attwood began writing to one of his aunts in Arizona. Attwood wrote his notes using a tiny, blunt pencil stub - proper pens and pencils are banned as potential weapons - and paper, which was frequently sodden from sweat because of the intense heat in the prison.

    Sheriff Joe Arpaio
    Everybody complains - but if you don't like it, you don't violate the law and you won't come back
    Sheriff Joe Arpaio
    Although bleak and depressing, the letters were also "beautifully written and deeply moving", according to his father, Derick, to whom they were passed on. Inspired by the example of Salam Pax, the so-called Baghdad Blogger, Derick Attwood set up a weblog in an effort to publicise his son's views.

    Fearing repercussions, Derick Attwood initially made the blog anonymous, calling it simply Jon's Jail Journal. A picture of Shaun Attwood was only added in the summer, after his move to the state prison.

    Attwood's weblog makes disturbing reading and includes a catalogue of alleged breaches of human rights for those on remand. They include:

  • prison food being mixture with rotten meat, fruit and vegetables and mouldy bread. Attwood even says he saw a rat's head in one stew;
  • cells infested with cockroaches;
  • coolers which did not work and temperatures frequently touching 100°F.

    Ruby Wax visiting one of the jails in Maricopa County
    No laughing matter: Ruby Wax visits prison guards in Maricopa
    Speaking to the BBC News website, Mr Arpaio defended his regime.

    "I feel that you should be tough on crime and run a tough jail. They don't get steaks, movies, porno, cigarettes or alcohol, but it's humane," he says. "Everybody complains - but if you don't like it, you don't violate the law and you won't come back. "

    It's a record he will be judged on later this month when Mr Arpaio, along with thousands of sheriffs, police chiefs and district attorneys across the US, comes up for re-election. He will be running on a Republican party ticket.

    Although his Democrat challenger Bob Ayala is highly critical of the Arpaio rule, Derick Attwood says he is unlikely to break the sheriff's stronghold.

    Meanwhile, Shaun Attwood's mother, Barbara takes comfort in the belief that her son has done something to lift the lid on Maricopa county's extraordinary prison regime.

    "One of the guards once told Shaun 'nobody knows what's going on in here'," says Barbara Attwood. "Well they do now."


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