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  • Asymmetric Extradition — the American Way

    Annie Machon

    By Annie Machon. Pub­lished in the Huff­ing­ton Post UK and Inform­a­tion Clear­ing House

    I blame my part­ner. There I was hav­ing a per­fectly nice day off, poot­ling my way through the Sunday news­pa­pers and find­ing such intriguing art­icles about the fact that Bri­tain has invaded all but 22 coun­tries around the world over the cen­tur­ies (France is the second most pro­lific invader but also has the dubi­ous dis­tinc­tion of being the coun­try most invaded by Bri­tain, apparently).

    Then he has to go and say “well, if the US ignores other country’s laws, why should we be sub­ject to theirs?”. This post is the unavoid­able result.

    I had made the tac­tical blun­der of shar­ing two art­icles with him.  The first was an excel­lent inter­view in today’s Inde­pend­ent with news supremo and fin­an­cial sub­vers­ive, Max Keiser; the second was an art­icle I found in my Twit­ter stream from the indefatig­able Julia O’Dwyer about her son’s ongo­ing legal fight in the UK.

    The con­nec­tion?  Unfor­tu­nately and rather inev­it­ably these days — extradition.

    Richard O’Dwyer is the Shef­field stu­dent who is cur­rently wanted by the USA on copy­right infringe­ment charges.  Using a bit of old-fashioned get-up-and-go, he set up a web­site called tvshack​.com, which appar­ently acted as a sign-posting ser­vice to web­sites where people could down­load media.  Put­ting aside the simple argu­ment that the ser­vice he provided was no dif­fer­ent from Google, he also had no copy­righted mater­ial hos­ted on his website.

    Richard has lived all his life in the UK, and he set up his web­site there.  Under UK law he had com­mit­ted no crime.

    How­ever, the Amer­ican author­it­ies thought dif­fer­ently.  O’Dwyer had registered his web­site as a .com and the US now claims that any web­site, any­where in the world, using a US-originated domain name (com/org/info/net etc) is sub­ject to US law, thus allow­ing the Amer­ican gov­ern­ment to glob­al­ise their legal hege­mony. The most notori­ous recent case was the illegal US intel­li­gence oper­a­tion to take down Megaup­load and arrest Kim Dot­com in New Zea­l­and earlier this year.

    This has already res­ul­ted in for­eign web­sites that attract the wrath of the US author­it­ies being taken down, with no warn­ing and no due pro­cess. This is the cyber equi­val­ent of drone war­fare and the presidentially-approved CIA kill list.

    As a res­ult, not only was O’Dwyer’s web­site sum­mar­ily taken down, he is now facing extra­di­tion to the US and a 10 year stretch in a max­imum secur­ity prison.  All for some­thing that is not even a crime under UK law.  His case echoes the ter­rible 10-year ordeal that Gary McKin­non went through, and high­lights the appalling prob­lems inher­ent in the invi­di­ous, one-sided UK/USA Extra­di­tion Act.

    So how does this link to the Max Keiser inter­view? Read­ing it reminded my of an invest­ig­a­tion Keiser did a few years ago into the extraordin­ary rendi­tion of a “ter­ror­ist sus­pect”, Abu Omar, from Italy to Egypt where he was inev­it­ably, hor­rific­ally tor­tured.  Since then, 23 CIA officers have now been tried under Italian law and found guilty of his kid­nap­ping (let’s not mince our words here).  The Milan Head of Sta­tion, Robert Lady is now wanted in Italy to serve his 9-year sen­tence, but the US gov­ern­ment has refused to extra­dite him.

    So let’s just reit­er­ate this: on the one hand, the US demands EU cit­izens on sus­pi­cion that they may have com­mit­ted a cyber-crime accord­ing to the diktats of Amer­ican law, which we are all now sup­posed to agree has a glob­al­ised reach; on the other hand, US cit­izens who have already been con­victed by the due legal pro­cess of other West­ern demo­cra­cies are not handed over to serve their sen­tences for appalling crimes involving kid­nap­ping and torture.

    I have writ­ten at length about America’s asym­met­ric extra­di­tion laws, but this is tak­ing the sys­tem to new heights of hypocrisy.

    Just why, indeed, should European coun­tries reli­giously obey America’s self-styled global legal domin­ion and hand over its cit­izens, pre­sumed inno­cent until proven guilty, to the bru­tal and dis­pro­por­tion­ate US legal sys­tem?  Espe­cially when the US brushes aside the due legal pro­cesses of other demo­cra­cies and refuses to extra­dite con­victed felons?

    It appears that the USA is in a hurry to reach and breach Britain’s record for for­eign inva­sions. But in addi­tion to old-fashioned mil­it­ary incur­sions, Amer­ica is also going for full-spectrum legal dominance.

    Annie Machon is a former intelligence officer for MI5, the UK Security Service, who resigned in 1996 to blow the whistle on the spies' incompetence and crimes. Drawing on her varied experiences, she is now a media pundit, author, journalist, international tour and event organiser, political campaigner, and PR consultant.


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