Case Law 36004/2008 (28/08/2008)
Type: Interim measures
Authority: European Authorities: European Court of human rights
Subject: On 29 July 2008, Gary McKinnon lodged an application with the European Court of Human Rights (application no. ). He complains principally under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) about the conditions of detention he would face if convicted in the United States of America.
The Government of the United States have sought his extradition from the United Kingdom to stand trial on charges of fraud-related activity in connection with computers. He is alleged to have gained unauthorised access to military computers in the United States from his home in the United Kingdom.
Mr McKinnon sought interim measures under Rule 39 of the Rules of Court to prevent his extradition to the United States while the Court considered his application.
On 12 August 2008 the Acting President of the Chamber to which the case has been allocated decided to indicate to the Government of the United Kingdom, under Rule 39 of the Rules of Court, that the applicant should not be extradited to the United States before midnight on 29 August 2008. This was in order to allow the Chamber to examine the request at the earliest opportunity, namely at its meeting on 28 August 2008.
On 28 August 2008, the Chamber decided to refuse the applicant’s request for interim measures.
Mr McKinnon has therefore been informed that the Court will not prevent his extradition to the United States.
Under Rule 39 of the Rules of Court the Court may indicate to the parties any interim measure which it considers should be adopted in the interests of the parties or of the proper conduct of the proceedings before it.
Parties: Gary McKinnon c/ Regno Unito
Classification: Dignity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Freedoms - Art. 19 Extradition