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by blastrat
3620 days ago
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thanks for that, interesting article! but your quotes are a little selective and tell only one side of the story of that more nuanced article, I think leaving a deep misimpression for readers here on HN. another quote from the article says "a Home Office-commissioned independent review...found the US had not refused any extradition requests since the treaty came into force. A total of seven US requests were refused by the UK in that time." that asymmetry in the treaty is not the result of a disparity of negotiating power nor clearly unfair-to-one-side. It's because the US has "untreatyable" constitutional rights that UK does not grant its own subjects, so for due process to grant an extradition request, the UK must submit that evidence. Since the US and UK are such close allies, that treaty may reflect the UK's desire not to slow down the process in either direction. Perhaps (this is pure speculation, we don't have the data) if the US complied in the other direction as the UK does, the UK courts would grant more of the extradition requests. I'm not meaning to argue that the asymmetry works out fairly for every single defendant, clearly individuals will suffer more in one direction than the other, I'm saying that "the People" on both sides are not necessarily disadvantaged if we "presume evidence of guilt" and a symmetric desire to punish. and this is for another topic, but the presumption of guilt is how the system is designed to work, otherwise, how could they even compel you to show up in court, or hold an axe murderer while awaiting trial? the commonly quoted "presumption of innocence" applies when you are in court in front of judge and jury; the entire rest of the system from arrest thru the trial is based on a necessary presumption of high probability of guilt. |
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You seem to have put a lot of weight on the numbers here. Do you know the total number of requests on both sides? Without that we can't really ascribe meaning to the refusal of 7 requests by the UK.
Even then we don't know if, for example, the UK seek tacit agreement before entering a request, which would account for no official refusals by the USA.
All I really know that's pertinent is there was an extradition of a young website operator who hadn't broken UK law (https://en.m.wikipedia.org/wiki/Richard_O%27Dwyer) and had never left the UK, not even was hosting content in the USA - any cases like that happen in the USA?