Prison Service Violates Transsexual’s Human Rights
Deputy Judge David Elvin QC has quashed Justice Secretary Jack Straw’s ruling that pre-op male-to-female transsexual prisoner ‘A’ should be kept in a male prison. Straw’s ruling had come despite ‘A”s having been recognised as a woman ‘for all purposes’ three years ago under the Gender Recognition Act 2004. In disagreeing with Straw, the judge said:
“It follows that, so long as the claimant remains within the male prison estate, she is unable to progress towards the surgery which is her objective.”
This “interferes with her personal autonomy in a manner which goes beyond that which imprisonment is intended to do”, he said.
“I declare her continued detention in a male prison is in breach of her rights under Article 8 (right to private and family life) under the European Convention on Human Rights.”
Disgracefully the Prison Service said it was ‘disappointed’ at the ruling. Clearly a disregard for human rights has now crept from the Home Office and its agencies to the Ministry of Justice. But it’s an impressive demonstration that human rights must apply to (and be accessible by) all.
(via Equality and Human Rights Commission)
ACLU Joins in Attack on Extradition Treaty
The fight to stop Gary McKinnon’s extradition to the United States under the grossly unjust Extradition Treaty has escalated with the American Civil Liberties Union (ACLU) joining in the campaign, alongside the British human rights pressure group Liberty:
The American Civil Liberties Union, which has been backed in the past by stars like Al Pacino and Martin Sheen, wrote to David Miliband, the foreign secretary, expressing its concern about extradition arrangements between Britain and America.
In the letter, Anthony Romero, the union’s executive director, complained that Britons were “exposed to the risk of ill-founded extradition requests”.
This was because British prosecutors have to provide “enough information to provide a reasonable basis to believe that the person sought committed the offence”.
In contrast, American prosecutors need only detail the charges, which cannot be challenged, in a British court.
Mr Romero added: “We are concerned about the threats to the rights of British people and the unfair lopsided aspect of the treaty that means while Americans have basic constitutional protections…
“British residents can be subject to extradition without equivalent evidentary requirements being made out.”
Liberty’s director Shami Chakrabarti said:
“”The intervention of Liberty’s sister, the American Civil Liberties Union, proves that Britain’s Extradition Act is an international embarrassment. Vulnerable people like Gary McKinnon can be bundled off to other countries when they ought to be dealt with at home.
Janis Sharp’s campaign for fairness for her son Gary has touched the hearts of parents everywhere. If Parliament doesn’t amend Britain’s rotten Extradition Act to put discretion and common sense back into the system, other vulnerable sons and daughters are bound to suffer.”
You can join Liberty’s campaign to save Gary McKinnon from unjust extradition, and to face trial in the UK instead by going here. You can also join Gary’s mother’s Twitter account, which will keep you fully updated on all aspects of the campaign.
