Was Decision Not to Extradite Gary McKinnon - Blatantly Racist?
In MOJUK's opinion it was, the comparators between the cases of Gary McKinnon and Babar Ahmad and Talha Ahsan are identical, all three are British but not all three are white or of the same religion. Though all three cases have be running for many years, all three have not spent equal time in jail.
Babar and Talha have not worded it as strongly as MOJUK but they have stated the decision was 'A clear demonstration of double standards."
Theresa May UK Home Secretary made a statement to parliament as to why she would not authorize the extradition of Gary McKinnon.
"That is why I have decided to introduce a *forum bar. This will mean that where prosecution is possible in both the UK and in another state, the British courts will be able to bar prosecution overseas, if they believe it is in the interests of justice to do so.'
. . . . I have been conscious, however, of Sir Scott Baker's concern that the introduction of the existing forum legislation would lead to delays and satellite litigation. So rather than commence the existing provisions, I will bring forward, as soon as parliamentary time allows, a new forum bar that will be carefully designed to minimise delays."
Theresa May's Statement to parliament <http://www.publications.parliament.uk/pa/cm201213/cmhansrd/cm121016/debtext/121016-0001.htm#12101642000005>here . . . .
However this magic wand (Forum Bar) had not as yet been enacted into UK law, though it has been on the books since last year, so there is absolutely no reason why she could not have given 'Forum Bar' treatment to Babar and Talha!
Statement from Babar and Talha
Babar Ahmad, who along with Talha Ahsan was deported two weeks ago to the US on terrorism charges, accused the legal system of double standards. "We strongly welcome the decision not to extradite Gary McKinnon. We would not want his family to experience the pain and suffering we have all been enduring since Babar was extradited," they said. "However, questions do need to be asked as to why, within two weeks, a British citizen with Asperger's accused of computer-related activity is not extradited, while two other British citizens, one with Asperger's, engaged in computer-related activity are extradited. A clear demonstration of double standards."
*Government will consider implementing 'forum bar' to extradition, Attorney General says
Individuals subject to extradition from the UK to face criminal charges abroad could be tried in the UK despite a recent review of UK extradition laws recommending otherwise, the UK's top legal advisor has said.
Out Law . com, 21 Nov 2011