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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#11  PostPosted: Fri Dec 07, 2012 9:03 am 
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Location: South of Hampshire
Hamja spoke to Talha on the 4th December for the very first time since his extradition on the 5th October. He received another phone call from Talha on 6th December. Talha has received letters from campaigner Bruce Kent, writer Amrit Wilson, and his friends and family. Hopefully the lines of communication are now open and he is not subject to SAMS or a similar incommunicado regime.


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#12  PostPosted: Sat Dec 08, 2012 12:36 am 
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Asperger Home Education have not actively campaigned for Richard O'Dwyer because he is (believed to be) neurotypical but we are absolutely delighted that his extradition has finally been cancelled.

After a battle with the US authorities lasting two years over the TVShack website which was alleged to infringe copyright, a deal was struck at the High Court in London on the 28th November. Richard O'Dwyer then voluntarily travelled to the US and signed a deferred prosecution agreement at a New York court today. Under the terms of the agreement he will pay a £20,000 fine and promise not to break any copyright laws.

Richard O'Dwyer and his family have harshly criticised the British government's handling of the case. After the court appearance his mother stated "This matter could have been dealt with over two years ago without the threat of extradition, which in my view is using a sledgehammer to crack a nut".


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#13  PostPosted: Fri Dec 14, 2012 8:11 pm 
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The Director of Public Prosecutions, Keir Starmer QC, has decided not to prosecute Gary McKinnon under the Computer Misuse Act. In a statement he said: "The potential difficulties in bringing a case in England and Wales now should not be underestimated, not least the passage of time, the logistics of transferring sensitive evidence prepared for a court in the US to London for trial, the participation of US government witnesses in the trial and the need fully to comply with the duties of disclosure imposed on the CPS".

Janis Sharp, the mother of Gary, said the news was "amazing" and she was grateful the case was "all over now".

BBC News


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#14  PostPosted: Mon Dec 31, 2012 7:15 pm 
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Location: South of Hampshire
New York's top court highlights the meaninglessness and menace of the term 'terrorism'

I know it's the Guardian but it's a must read article which clearly highlights the double standards in justice.


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#15  PostPosted: Tue Feb 26, 2013 12:16 am 
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Our verdict on the decision stated that "there is still another year to go before their trials take place which will surely reveal more information" and "there is definitely more to this than meets the eye". We were right. Now an illuminating article in New Statesman shines light onto a closed-door meeting held in March 2012 between judges from the ECHR and the US Supreme Court, which adds further evidence that the decision to extradite was planned in advance primarily to help heal strained UK-EU relations. This rather sinister meeting was a very low profile event that escaped coverage in the British mainstream media, and the management of Asperger Home Education was also unaware that such a meeting had taken place before reading the article.

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It is well-known that international human rights bodies (most obviously the UN Security Council) are subject to the vested interests and machinations of superpowers. The Strasbourg Court's judgement on the Ahsan case needs to be seen in the context of strained UK-EU relations, superpower interests, and an ideological struggle against figures seen to embody "international terrorism".


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Of course, another superpower's interests were also at stake in the Ahsan decision. A largely unknown fact about the case is that on March 1 2012, the month before the Ahsan judgement was given, Strasbourg judges - including two members of the Court Chamber who judged on the Ahsan case, Lech Garlicki and Nicolas Bratza - visited Washington to take part in a closed conference with US Supreme Court Justices. The first of its kind, this closed-door conference - Judicial Process and the Protection of Rights: the U.S. Supreme Court and the European Court of Human Rights - brought together members of the Strasbourg Court with Supreme Court Justices Stephen Breyer, Samuel Alito, Anthony Kennedy and Sonia Sotomayor. Also present were the UK government's in-house legal counsellor, Derek Walton, who was representing the UK in Ahsan's European Court case, and the vastly influential Harold Koh, who was serving as Obama's appointed Legal Advisor to the State Department.


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There are several things here that raise concern: first, the simple fact that there was a closed-door meeting that included sitting judges of the Strasbourg Court on an open case in which the US was implicated. More concerning still is the fact that the conference discussed "rights protection" - a key issue about to be decided in Ahsan's appeal by the same judges in Strasbourg - and the parallels in rights protection between the US Supreme Court and the Strasbourg Court.


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It appears that the judgement of the European Court of Human Rights that there was no Article 3 violation in the Ahsan case was influenced in some way by the unique combination of state pressure from two superpower governments. And it is at least arguable that the Court’s decision was based more on diplomatic assurance than on judicial resolution.


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#16  PostPosted: Mon May 20, 2013 12:15 am 
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Sometimes things take a turn for the worse.

The Huffington Post reports that the trial of Babar Ahmad and Talha Ahsan has been put back until March 2014 due to its size and complexity. Court papers show that in Babar Ahmad's case there are 2 terabytes of electronic material that the authorities seized. Two terabytes is a lot of data even by today's standards. Does anybody have any idea what the data consists of? The only data that I'm aware of that was seized by the police were two 1.44 megabyte floppy disks from a desk in Babar Ahmad's house.

The right to a speedy trial is something that the American system of justice has difficulty getting to grips with but extending the pre-trial detention of Talha and Babar is absolutely disgusting. The US authorities have had 6 years to process their data and prepare all the material for the court, so there is absolutely no excuse not to put Talha and Babar on trial within a few weeks of extraditing them. Something strange is going on behind the scenes. A possible explanation is that the prosecutors have discovered they do not have sufficient evidence to secure a conviction or a big flaw has been found with the potential to throw out the entire case. An alternative explanation is that the US authorities are playing a game to grind Babar and Talha down in an attempt to make them plead guilty whilst in jail or wait indefinitely for a trial with further delays pending.


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#17  PostPosted: Sun Jun 09, 2013 12:47 pm 
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admin wrote:
The Huffington Post reports that the trial of Babar Ahmad and Talha Ahsan has been put back until March 2014 due to its size and complexity.


I was suspecting that this might happen and it's totally uncalled for in this case. You are correct in saying that a right to a speedy trial is something that seems to escape the mindset of American prosecutors. This I find very disturbing and I wonder why so few ordinary Americans make a serious stand against it because it could be their loved ones next who have to endure months - even years - in harsh detention conditions.

I'm just as confused about this 2 terabytes of data as you are. If it was the contents of the websites that Babar was involved in (and Talha allegedly involved in) then surely the prosecutors would have worked through the material with a fine-toothed comb beforehand to collect sufficient evidence to secure a prosecution before issuing an extradition request. If not then they have effectively put on their shoes before their socks. If the contents on the websites violated British terrorism laws then it could have been used as evidence to put Babar and Talha on trial in a British court. The private prosecution was thrown out due to lack of evidence which I interpret as the contents of the websites being legal under British law.


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#18  PostPosted: Sat Jul 06, 2013 4:00 pm 
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I'm thinking about whether Talha will be subjected to a polygraph lie detector during his trial where the result could say that he is guilty when the trial otherwise shows that he is innocent.

The United States is the only major country in the world to use regularly use polygraph lie detectors during court trials so it is possible to consider them as another bizarre peculiarity of the American System of justice that Talha could face along with the plea bargain. Hard scientific evidence to back up their effectiveness is scant. Wikipedia says:

"The efficacy of polygraphs is debated in the scientific community. In 2001, a significant fraction of the scientific community considered polygraphy to be pseudoscience"

"Polygraphy has little evidence to support its use. Despite claims of 90% validity by polygraph advocates, the National Research Council has found no evidence of effectiveness"

"In the 1998 Supreme Court case, United States v. Scheffer, the majority stated that There is simply no consensus that polygraph evidence is reliable and Unlike other expert witnesses who testify about factual matters outside the jurors' knowledge, such as the analysis of fingerprints, ballistics, or DNA found at a crime scene, a polygraph expert can supply the jury only with another opinion"

"In 2005 the 11th Circuit Court of Appeals stated that polygraphy did not enjoy general acceptance from the scientific community"

In 2003, the National Academy of Sciences in the US issued a report entitled "The Polygraph and Lie Detection" containing findings that the majority of polygraph research was "unreliable, unscientific and biased". It concluded that 57 of the approximately 80 research studies that the American Polygraph Association relies on to come to their conclusions were significantly flawed.

Polygraph lie detectors were designed for use on neurotypical Americans. If they are used in Talha's trial then they are being used on a British citizen of foreign (Asian and Muslim) origin with Asperger syndrome which could produce very confusing and misleading results. According to Wikipedia, Richard Helms, the 8th Director of Central Intelligence, stated in 1978 that "We discovered there were some Eastern Europeans who could defeat the polygraph at any time" and "we find a lot of Europeans and Asiatics (who) can handle that polygraph without a blip, and you know they are lying and you have evidence that they are lying". Theoretically this could put Talha at an advantage but with very little research into how people of his background perform during polygraph tests the outcome is very uncertain.


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#19  PostPosted: Sun Sep 29, 2013 10:19 pm 
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London Vigil marking 1 year since the extradition of Talha Ahsan takes place at Parliament Square in London on Saturday, October 5 at 1 PM.


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 Post subject: Re: The extradition of Talha Ahsan
Post Number:#20  PostPosted: Mon Sep 30, 2013 10:49 pm 
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Christopher Tappin returns to Britain.

http://www.theguardian.com/uk-news/2013 ... k-sentence

Why can't Talha Ahsan and Babar Ahmad be repatriated?


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