LAURI LOVE EXTRADITION HEARING TRANSCRIPTION + videos

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APPLICATION AND BACKGROUND

1. This is an application by the Government of the United States of

America for the extradition of the requested person, Lauri Love,

(dob: 14.12.1984) a United Kingdom citizen, who is accused of

unlawfully accessing computers used by United States Federal

Agencies and private companies and misusing the data he

unlawfully obtained.

2. The United States of America is a Category 2 territory. Part 2 of the

Extradition Act 2003 (the Act) applies.

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3. The criminal proceedings in the US have been commenced in three

judicial districts, the Southern District of New York, the District of

New Jersey and the Eastern District of Virginia. These proceedings

are referred to within a Diplomatic Note from the United States

dated 6th July 2015. The material relating to each of the judicial

districts was separately certified by the Secretary of State on 7th July

2015 and these proceedings are treated as a single request. The

bundle contains the warrants for Mr Love’s arrest in the three

districts and were issued by the Southern District of New York on

21st February 2015, District of New Jersey on 23rd March 2015 and

Eastern District of Virginia on 21st May 2015.

4. Following certification a warrant was issued for Mr Love’s arrest.

Mr Love was arrested on 15th July 2015 and appeared at

Westminster Magistrates’ Court on the same day. The initial hearing

was unchallenged. Mr Love did not consent to his extradition. He

was granted bail and has remained on bail throughout the

proceedings.

5. Section 78 of the Act requires the judge at the initial stages of the

extradition hearing to decide whether the documents received

include the documents referred to in section 70(9), the certified

request, the particulars of the person whose extradition is sought,

particulars of the offences specified in the request and, where a

person is accused of an offence, a warrant for his arrest has been

issued in the category 2 territory.

6. I have received prosecutor’s affidavits and photos which accord with

the particulars given in the Diplomatic Note which provides Mr

Love’s personal information and references to other names he is

known as including, “nsh”, “peace”, “shift”, “route”, “Smedley

Butler”.

EXTRADITION OFFENCES

7. The Government of the United States is not required by operation of

the Extradition Act 2003, in common with many other States, to

adduce a prima facie case and it is not for me to determine if there is

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a case to answer, however, I have set out the nature and extent of

the evidence obtained by the United States prosecutors against Mr

Love. I will set out an overview of the evidence contained in the

affidavits to set out the extradition offences (details of the individual

indictments are contained in Mr Caldwell’s Opening Note dated 15th

June 2016, pages 5-12).

8. Mr Love is accused in three indictments that between the period

October 2012 to October 2013, he, working with others, made a

series of cyber-attacks on the computer networks of private

companies and United States Government agencies, (including the

US Federal Reserve, US Army, US Department of Defence, Missile

Defence Agency, NASA, Army Corps of Engineers, Department of

Health and Human Services, US Sentencing Commission, FBI

Regional Computer Forensics Laboratory, Deltek Inc, Department

of Energy, Forte Interactive, Inc) in order to steal and then publicly

disseminate confidential information found on the networks,

including what is referred to as personally identifiable information

(“PII”).

9. Mr Love is accused in three indictments in three districts as follows:

(i) Southern District of New York – Mr Love faces two counts on

Indictment, one of computer hacking (maximum sentence of

10 years imprisonment) and one of aggravated identity theft

(maximum sentence of 2 years imprisonment to be imposed

consecutively to the sentence for count 1).

(ii) The New Jersey request details two counts on one indictment.

One count is conspiracy to access a computer without

authorisation and obtain information from a department or

agency of the United States (maximum sentence of 5 years

imprisonment) and one of accessing a computer without

authorisation and obtaining information from a department or

agency of the United States (maximum sentence of 5 years

imprisonment).

(iii) The Eastern District of Virginia request contains nine counts on

an Indictment, count 1 – conspiracy to cause damage to a

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protected computer and to commit access device fraud

(maximum sentence of 5 years imprisonment); counts 2 -7 –

causing damage to a protected computer and aiding and

abetting (maximum sentence of 5 years imprisonment); count

8 – access device fraud and aiding and abetting (maximum

sentence of 10 years imprisonment) and count 9 – aggravated

identity theft and aiding and abetting (maximum sentence of 2

years imprisonment).

10.In most of the attacks it is alleged Mr Love gained unauthorised

access by exploiting vulnerabilities in a programme the computers

ran known as Adode ColdFusion; software designed to build and

administer websites and databases (the “ColdFusion Attacks”). It is

further alleged Mr Love also carried out “SQL Injection Attacks” in

which unauthorised access was gained to computer databases by

manipulating “structured query language”, computer programming

language designed to retrieve and manage data on computer

databases (the “SQL Injection Attacks”).

11. Once inside the compromised computer systems, Mr Love and

others placed hidden “shells” or “backdoors” within the networks.

This allowed them to return and steal the confidential data which

included telephone numbers, social security numbers, credit card

details and salary information of employees, health care

professionals, and service personnel.

12. A confidential source working for the United States Federal Bureau

of Investigation (FBI) had access to a restricted online “chat room”

used by Mr Love and others from about 2012 to 2013. They had

discussions about their hacking activity in the chat room using

Internet Relay Chat (“IRC”). This allows multiple users to talk

about their activities using typed messages to each other. Various

online names were used to disguise their true identities. From this

the FBI has identified Mr Love’s nicknames as “nsh”, “peace”, “shift”

and “route”.

13. Mr Love used IRC to discuss how to “exfiltrate” the stolen data and

what could be done with it.

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14. On 25th October 2013 officers of the National Crime Agency (NCA)

executed a search warrant at Mr Love’s address in Stradishall,

Newmarket, while he was present. One of his computers was logged

onto an online chat room using the name “nsh”. It is alleged some

of the computers in his possession had some of the data stolen

during the computer intrusions under investigation, including some

intrusions that he discussed online using the name “nsh” and other

names attributable to him.

15. Under section 137(3)(b) I have to be satisfied that the conduct

specified in the request would constitute offences in the United

Kingdom if they had occurred in England and Wales. Mr Caldwell’s

analysis of the offences (set out at page 13, para 52 of his Opening

Note) has not been challenged by Mr Cooper and I am satisfied the

conduct alleged would amount to the offences outlined at paragraph

52 and therefore are extradition offences, namely offences under

sections 1 and 2 of the Computer Misuse Act 1990 (carrying

maximum sentences of 2 years and 5 years imprisonment

respectively); sections 327, 328 and 329 of the Proceeds of Crime

Act 2002 (carrying maximum sentences of 14 years imprisonment)

and the common law offence of conspiracy.

EVIDENCE

16. I have been supplied with bundles of documents and have heard

oral evidence and submissions from the parties including written

submissions.

17. Reverend Alexander Love gave evidence in person and adopted

his three statements dated 3rd October 2015 (Bundle, pages 373-

384), 13th January 2016 (pages 385-386) and 27th June 2016. His

oral evidence can be summarised as follows: He gave evidence of his

son’s history of anxiety and low self-esteem, of how he “fell apart”

when he was at sixth form college, during his National Service in

Finland (he applied for a Finnish passport as his mother is Finnish

and was aware he would have to undertake military service) and

when he attend Nottingham and Glasgow Universities. In 2005,

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whilst at Nottingham University, his son became depressed and

returned home a “mental and physical wreck” (bundle tab23, para

36). In 2006 he suffered anxiety and was referred to mental health

services

18. During Mr Love’s second year at Glasgow University his mental

health deteriorated so badly his parents had to collect him and bring

him home. He has told his parents that if it were not for them he

would have killed himself.

19. In his role as a prison Chaplin in Highpoint Prison in Suffolk,

Reverend Love told me of the approach used by the prison estate in

the UK to deal with potential suicidal risks in prisoners, which I

interpret as being an holistic approach, including engaging with the

prisoner’s family and encouraging the inmate to talk about their

situation. His son will not have parental support if extradited.

20.Under cross examination Reverend Love said his son would not take

his life “in an attempt to make us feel guilty” but that if he were on

remand in the United States and his family were no longer with him,

“despair will grip him deeper”.

21. Mrs Sirkka Love gave evidence in person and adopted her

statements dated 3rd October 2015 (Tab 25) and 28th June 2016

(Tab 39). Her oral evidence can be summarised as follows: She

confirmed her son was diagnosed with eczema as a baby; he also

suffers from asthma. In the last few years she has noticed a

correlation between his physical symptoms (screaming and

suffering pain) and his mental state. She agrees with her husband’s

statement (tab 23, page 9, para 4) in which he states, “The only

thing that keeps Lauri from killing himself is me and my wife and

having him at home with us. He has told me very clearly he would

kill himself if there was an order for extradition”.

22.Professor Simon Baron-Cohen gave evidence in person and

adopted his three reports dated 7th December 2015 (tab 4), 4th

February 2016 (tab 5) and 1st June 2016 (tab 6). He is Professor of

Developmental Psychopathology at the University of Cambridge and

Fellow of Trinity College, Cambridge. He is Director of the Autism

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Research Centre in Cambridge. He has been involved in autism

research for 30 years and has been a consultant in the NHS for 15

years specialising in the diagnosis of Asperger Syndrome in adults.

23.He has considered the evidence of other experts in this case,

including Professor Kopleman’s witness statement and evidence of

the treatment Mr Love is likely to receive in US custody. He

confirmed Mr Love’s diagnosis of suffering from Asperger

Syndrome (AS) which is a sub group of the autistic spectrum. He

does not have AS in combination with learning difficulties, attention

deficit and language. He is high functioning.

24.Those suffering from AS struggle in social relations,

communication, develop unusual interests, have hypersensitivity

and cannot adjust to social change. Mr Love feels socially isolated

and suffers from severe depression, which is not uncommon in AS

sufferers. The questionnaire completed by Mr Love was self-
reporting and is used to determine scores to identify how many

autistic traits an individual has in order to be referred to a specialist.

When he sees a patient he always takes due diligence that someone

may be inflating their symptoms.

25.Under cross examination Professor Baron Cohen agreed that Mr

Love has capacity to participate in a trial, give instructions to his

lawyers and a fair trial process was available to him. He also said,

“to be balanced, in prison he could be as calm as he is now and put

his hand up and ask for help. Equally his mental health may

deteriorate and he cannot do that if the voice will tell him to kill

himself”. Psychological wellbeing fluctuates.

26.He agreed the overwhelming priority, if extradition were ordered,

was to keep Mr Love alive. This could be done on bail under the

supervision of his parents. Incarceration in the United Kingdom

prior to removal would not be a means of alleviating suicide. Mr

Love has thought through the way he could evade detection about

committing suicide and he is able to do this and said, “it would be a

risk to assume this is a fantasy”. He agreed that a previous attempt

at suicide might be an indicator of Mr Love attempting suicide

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again, but in this case the self-neglect and being unwell which

necessitated him being brought home from University may be a sign

of suicidality.

27. Professor Baron-Cohen assessed Mr Love’s risk of suicide as very

high and if he were not at home his risk increased. Mr Love was

“way above average intelligence” and would be well aware the

authorities will do all they can to prevent suicide. When asked if Mr

Love’s suicide ideology was a voluntary act or through mental

illness, Professor Baron-Cohen’s evidence was Mr Love’s experience

of intent was not a reflection of a voluntary plan or act, he does not

want to die but his mental health is so dependent on being at home

with his parents and not being detained for an indefinite period, he

could not impose restraint on himself to stop himself committing

suicide. He has made it clear that at the point he is handed over his

suicidal feelings will increase.

28.The Professor was initially impressed with the United State’s highly

developed mental health system and how it cared for prisoners with

mental health issues but changed his mind after reading Dr

Kucharski’s report, which highlights staff shortages, prisoner ratios

and there being no experts in AS. There is insufficient clinical or

other support to prevent a likely suicide.

29.He said it would be pure speculation about what would happen to

Mr Love in solitary confinement.

30.He confirmed his opinion in his report dated 1st June 2016 (tab 6,

page 1, para 1a) that the Federal Bureau of Prisons (BOP) protocols

are not satisfactory for Mr Love given mental health services are

only valuable on a non-emergency, voluntary basis and Mr Love

may not be allowed to see a private specialist.

31. Dr Thomas Kucharski gave evidence in person. He has been a

forensic psychologist for 30 years. For 2 1⁄2 years from 1991 he was

a forensic psychologist at the Federal Medical Centre in Rochester,

Minnesota (one of five medical facilities operated by the Federal

Bureau of Prisons). For the next 9 years he was a forensic

psychologist and promoted to Chief Psychologist at the

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Metropolitan Correction Centre in New York (one of the facilities

Mr Love might be detained at if extradited). He has no direct

experience of the two contract facilities in New Jersey and Virginia

where Mr Love would be held during proceedings in those districts

but served for 1 year as Director of Mental Health at the Westchester

County Department of Corrections in Valhalla, New York, a county

jail that contracts to detain federal inmates. Since leaving BOP in

2002 he has maintained a part time forensic psychology assessment

practice. He said his experience was relatively up to date, he has

attended the Metropolitan Detention Centres in Brooklyn and

Manhattan and remains in contact with a number of people in the

facility.

32.He adopted his report dated 10th June 2016 (tab 15). He told me Dr

Lynn’s Affidavit correctly states there are 600 psychologists or staff

in the 122 Federal Bureau of Prisons (BOP) institutions but

mischaracterises their role; the true level of services is substantially

lower than that she states. Each institution has a Chief Psychologist

(which is in effect an administrative role). Out of 60, one

psychologist would be a drug abuse co-ordinator who would not

engage with prisoners and 30 are forensic psychologists who

prepare reports regarding competency to stand trial. All inmates in

segregation have to be seen every 30 days.

33.Dr Kucharski said it was most likely Mr Love would be sent to the

Metropolitan Detention Centre. That facility shares a full time

psychiatrist. He has concerns that, given Mr Love’s presentation, he

would be placed on suicide watch for a substantial period of time

and probably as soon as he arrived. There is also a high risk of

suicide if he were placed in segregation (where he would go if he

misbehaved). Dr Kucharski commented that a lot of mentally ill

prisoners are in solitary confinement as their behaviour “upsets the

apple cart”.

34.Suicide watch comprises being put in a room with an inmate

observing the prisoner 24 hours a day. The conditions in

segregation are the same as those on suicide watch save for inmate

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observation. Mr Love would be seen by a psychologist once a day to

determine if he needed to stay on suicide watch. He commented,

“no one commits suicide on suicide watch”.

35. Dr Kucharski also told me the county jails probably have worse

mental health facilities than in the metropolitan areas, where

prisoners who are serving either short sentences or who are pre-trial

are detained.

36.Under cross examination Dr Kucharski said he assesses fitness to

plead, insanity cases, sex offender and civil commitment cases. He

was last amongst the prison population in 2002.

37. He has not dealt with someone extradited to the United States but

would hope the United States Marshalls would be aware of Mr

Love’s medical background. On arrival in the United States he

would go onto suicide watch at MDC.

38.He confirmed that prisoners suffering from acute symptoms or

those who could not function in a medical facility (he gave the

example of those suffering from severe schizophrenic symptoms)

would be transferred to medical centres.

39.Professor Michael Kopelman gave evidence in person. He is an

Emeritus Professor of Neuropsychiatry at Kings College London.

He adopted his three reports dated 7th December 2015 (tab 7) and

reports dated 12th May 2016 and 26th May 2016 (tab 8). His oral

evidence can be summarised as follows: Mr Love suffered from

recurrent depressive disorder at age 20, 24-25 and in his late 20s.

He has severe eczema and asthma. These conditions can predispose

someone to depression.

40.In August 2012 Mr Love was referred to his local community health

team by his GP. In his opinion, at that time, Mr Love was on the

verge of psychosis and was clinically depressed, scoring high on the

Beck Depression Inventory (53). Mr Love continues to describe

features of depression and the hallucination to kill himself when

either severely depressed or fatigued. If/when extradition becomes

“imminent his mental health with plummet. Hallucinations will get

worse as will his eczema and asthma and suicide ideas will become

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prominent in his mind”. He suggested Mr Love should see an

expert in AS and a psychiatrist to help him with his depression.

41. After hearing Kucharski’s evidence, Dr Kopelman said it was likely

Mr Love would be in and out of suicide watch, likely to become

agitated and not tolerated by the prison authorities, resulting in him

being put in segregation, which is well known to have an adverse

mental effect on anybody. For someone with an existing

psychological disorder, such as Mr Love, it will be even worse. He

anticipated the consequences for Mr Love being held for a

prolonged period in pre-trial detention in the United States as

resulting in a severe deterioration in his mental state, a severe

exacerbation of his clinical depression, the possible onset of

psychotic ideas and experiences, a worsening of his eczema and

asthma and “in consequence, an exacerbation of suicidal ideas to a

“very high” level” (tab 8, bullet point 3).

42.Under cross examination Professor Kopleman confirmed he had

met Mr Love on 3 occasions and had spoken to him on the

telephone. He accepted he had given Mr Love the “Beck Depression

Inventory” questionnaire to complete to cast his mind back to how

he was feeling in 2012/2013 and agreed it was slightly artificial to

get someone to describe their mental state. Mr Love’s medical

records are limited, he has never been referred to either a senior

psychiatrist or a senior clinical psychologist. He has been seen by

his GP and a Community Mental Health Team Support Worker.

43.Dr Kopleman said it was not unreasonable to conclude at times of

intense stress Mr Love would experience episodes of psychosis given

he has had pseudo hallucinations and fragmentary thought

processes in the past. He too agreed with Professor Baron-Cohen’s

assessment that this was not a fantasy.

44.In his opinion what would tip Mr Love over the brink, from not

committing suicide, would be a severe deterioration in his

depression, psychotic symptoms (including hearing voices), asthma

and eczema.

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45.His mental condition would remove his mental capacity to resist the

impulse to commit suicide. Segregation in a United Kingdom prison

is a last resort for the most serious cases of someone at risk of

committing suicide.

46.Mr Love has not been taking his medication which is why he needs

to be supervised by either a Consultant Psychiatrist or a Senior

Clinical Psychologist.

47. Naomi Colvin gave evidence in person. She adopted her

statements dated 30th November 2015 (tab 26) and 14th January

2016 (tab 27) is a campaigner and works for the Courage

Foundation, an international organisation dedicated to protecting

the rights of whistle-blowers worldwide. She told me of a number of

cases highlighting the fact that in like circumstances where

defendants in the United States were sentenced to imprisonment

they spent substantial time in pre-court detention and were subject

to coercive plea-bargaining.

48.Under cross examination she confirmed the Courage Foundation is

raising funds to cover Mr Love’s legal costs through social media

and campaigning on his behalf to help him avoid extradition.

49.Jennifer Arcuri gave evidence in person. She adopted her

statements dated 2nd February 2016 (tab 30), undated statement

(tab 40) and statement 29th June 2016. She set up Hacker House

with its aim of ethical hacking. She met Lauri Love 9 months ago.

She attests to his emotional fragility. He works at Hacker House

from Thursday – Monday.

50.Lauri Love adopted his four statements dated 10th December 2015

(tab 19), 13th January 2016 (tab 20), 1st February 2016 (tab 21) and

undated proof (tab 22). In his oral evidence he told me as a child he

felt a deep sense of alienation from his peers and remembered

thinking he was different to others. He was very close to his sister

and had a small group of friends. When the family moved to

Lowestoft his hair fell out. It grew back when he went to 6th form

college. However he dropped out and worked in a turkey factory.

He applied for a Finnish passport, because his mother is Finnish,

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and had to undertake military service. This was not successful

because he could not interact with others and was transferred to the

civil service. He describes himself as “falling below water” when he

cannot function properly. He entered into crisis and was diagnosed

with depression. He was apprehensive about taking antidepressants,

giving an example of a friend’s problems taking them. He finds it

difficult to confide in people and does not “know how empathy and

autism are related, but if I share problems it seems unfair and I’ve

kept my counsel. It appears now, given my understanding of AS, I

have not been able to do this”. In respect of his eczema, he told me

he bathes every day and uses creams and steroids. He has tried

immune suppressant drugs in the past but given he has a

suppressed immune system, he is cautious about using them. He

experiences skin infections and his skin falls off. The pain from his

eczema causes him stress which in turn causes more inflammation

of his skin.

51. He is unable to resist the need to scratch, “every day I try my utmost

to tear apart the skin in my body. Every day I fail to control this

urge. If sent to the United States of America those conditions, urges

to die would be stronger than my urge to scratch every day. My

degree of control is already impaired because of these proceedings.

The urge, the despair, feeling of helplessness will result in my

ending my life”.

52. His involvement in activism started at Glasgow University. He was

involved in a 7 months occupation of the university. He also told me

about Aaron Schwartz who committed suicide after being

prosecuted for downloading documents from the Massachusetts

Institute of Technology. He feels the prosecutors have added

charges to obtain a plea bargain, which he will refuse. He also said

he will not be able to access the evidence against him if he were in

custody.

53. He is currently studying for a degree in electrical engineering at

University Campus Suffolk and teaching at the University. He works

for Hacker House advising on computer security systems.

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54.Under cross examination, Mr Love was asked about his relationship

with the media and it was put to him that, with the assistance of

others, he was trying to liken himself to Gary McKinnon and that he

has exaggerated his symptoms to the professionals, which he

denied. Although he has been diagnosed with AS for over 6 months

he has not taken antidepressants because they are not for AS. He

denied seeking to promote his personal difficulties as a shield.

55. Sylvia Royce gave evidence over Scopia. She is a lawyer and

member of the Bar of the District of Columbia and of the Bar of the

United States Supreme Court. Between October 1995 and August

2000 she was Chief of the International Prisoner Transfer

Programme, which is part of the Criminal Division of the

Department of Justice. She adopted her reports dated 8th and 12th

February 2007 (tab 16) which she prepared for the case of Gary

McKinnon. Her knowledge of prisoner transfers is up to date. In

2016 she had two cases involving applications for transfer to the

United Kingdom which were both refused. The prosecutor’s

position is the single most important factor in the decision for

prisoner transfer and there is an expectation it will be part of a plea

bargaining process. She has seen cases where prosecutors will not

agree to a transfer without a plea bargain. Prisoners can apply for

reconsideration of prisoner transfer 3 years after the original

refusal.

56.Under cross examination Ms Royce confirmed the Chief of Transfer

makes recommendations to the signatory authority which are

usually granted. In this case, it will be Ms Woolf who will make the

decision if a request for transfer is made. A prisoner can make a

request for transfer within 8- 12 weeks of arrival at their federal

prison.

57. A district judge makes the decision about a financial order for

restitution. A probation officer undertakes a financial investigation

of the defendant but she was unsure what this would involve for a

foreign national and was not sure how the representations are

weighed when the defendant is a foreign national. There have been

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cases where transfer has occurred without a financial order for

restitution being in place.

58.Joshua Dratel gave evidence. He is an attorney of the State of

New York and has been practicing criminal defence law since

admission to the Bar in 1982. He is a Senior Fellow for Legal

Research at Fordham University Law School Centre on National

Security. Since 1988 he has been a member of the Criminal Justice

Act panel in the South District of New York and in 2007 represented

a number of detainees in Guantanamo Bay.

59.He has provided three statements dated 26th January 2016, 25th

May 2016 and 27th June 2016 (tabs 9, 10 and 42) which he adopted.

His oral evidence is summarised as follows: Mr Love will not get bail

in the United States because he is not a United States citizen has no

status in the United States.

60.On arrival he will receive medical attention and then be placed in

segregated housing prior to determination of where he will be

placed. His first-hand knowledge from a client, about suicide watch,

will involve Mr Love being put in isolation rather than receiving

treatment. From his experience special inmates watch a potential

suicidal inmate and not medical staff. Inmates will say they are not

suicidal to get out of solitary confinement. Assurances given by the

Unite States authorities are worthless; judges defer to the prison

authorities about mental health issues. There is no policy to stop

mentally ill patients being put into solitary confinement.

61. Mr Love’s sentence could be either consecutive or concurrent but

even with mitigating circumstances he is likely to receive substantial

sentences in three jurisdictions.

62.Under cross examination Mr Dratel said he would defer to Dr

Kucharski’s evidence about what would happen to Mr Love on

return to the United States. Mr Dratel was questioned about

inmates he mentioned in his statement, and gave the example of his

client, Mr Mustafa (Abu Hamza), whose physical disabilities were

not being accommodated within the prison estate.

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63.The statistics quoted in his statements about suicide rates in BOP

facilities has fluctuated over the years; he was unaware if this was

because of the way either the data had been gathered or if here was

better reporting.

64.He agreed that there was nothing technically wrong in prosecutions

being brought in three jurisdictions but it was unusual, given it

would be easy to establish jurisdiction in a federal court based on

the electronic evidence. Mr Love can apply for the cases to be heard

in one jurisdiction, and it will be for the prosecutor to agree joinder.

65.When asked if there was anything wrong in the prosecution asking

for a sentence within an applicable sentence range, Mr Dratel said it

is the norm for a prosecutor to suggest a judge goes outside the

Guideline. He said 97% of cases which fall below the guideline

arising in fast track cases and do not relate to family considerations.

In his experience he has never seen the Government support a

departure in cases other than in fast track cases.

66.If this case is run on the basis that Mr Love acted out of

conscience/necessity the judge will follow the law. Three

jurisdictions mean “three bites of the apple” and gives the

Government a significant advantage. A judge can increase a

sentence by imposing consecutive sentences. Sentences imposed

within the guidelines are presumed reasonable.

67.Zachary Katznelson gave evidence via Scopia. He is a lawyer of

16 years’ experience in the United States and was called to the Bar in

the United Kingdom in 2012. He was formerly Senior Counsel and

then Legal Director of Reprieve. He has provided two statements

dated 26th January 2016 and 25th May 2016 (tabs 11 and 12). He

adopted his statements and his oral evidence can be summarised as

follows: He has been conducting research into prison conditions for

10 1⁄2 years. His experience is current.

68.Under cross examination he said it is rare for a judge to depart from

the sentencing guideline on mental health grounds unless the

Government requests such a departure. A judge may be persuaded

to go to the lower range of the guidelines rather than the upper

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range. A prosecutor will only charge all crimes they believe they can

prove. If there is a plea to some crimes, the guideline will be based

on the most serious offence. The guideline sentence is unlikely to

change even if a defendant pleads guilty. If all matters fell to be

sentenced in one jurisdiction, a defendant could be sentenced on a

concurrent basis.

69.A number of cases in which low sentences were passed were put to

Mr Katznelson. He could not comment on some as he was

unfamiliar with them and said he was not inflating the sentence Mr

Love is likely to face. Less than 1% of cases have resulted in judges

departing from the sentencing guidelines due to mental health

issues, but a judge has the discretion to do so.

70.Grace North gave evidence over Scopia. She works in “Starbucks”

but identified herself in her oral evidence as a full time prison

worker. She said she knew Jeremy Hammond as a friend. He was

recently put into solitary confinement because of an error in which

contraband was found in a postcard in his possession. Telephone

contact is limited and e mails can take time being received but there

is no restriction in sending e mails. She said her strong opinions

may be coloured by her friendship with Jeremy Hammond.

71. Marlo Caddedu gave evidence over Scopia. She is a lawyer and

prepared a statement dated 24th December 2015 (tab 29). She said

the rules in the United States provide for Counsel to see a client but

in reality it is difficult. She also gave evidence about clients being

able to access digital evidence whilst in custody. In cases where

there is substantial digital evidence the expectation is to undertake a

word search for each document. In practice this is difficult to do

and to provide to clients in custody with electronic discovery. The

Bureau of Prisons do not allow Counsel to take computers into their

facilities resulting in documents having to be printed off.

72. She commented on that the case of Mr Budovsky (referred to in the

prosecutors’ statement at para 24, tab 32) was extremely unusual, in

which pre-trial documents were downloaded onto individual hard

drives and a laptop was made available for him to use in prison. A

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court could agree that laptops are brought into a prison but there

are no protocols governing this.

73. Kevin Gallagher gave evidence on Scopia. He is a computer

systems administrator, writer and activist. He has provided one

undated statement (tab 31). He is Mr Barratt Brown’s public

advocate, in the United States and was involved in getting media

attention for his case and raising money for his defence. He was not

surprised when Mr Brown pleaded guilty because the offence he was

originally charged with could have resulted in him going to prison

for 100 years. Since 2014 he has had some interaction with Mr Love

on line.

74.Tor Ekeland gave evidence in person. He is Mr Love’s United

States Counsel and is admitted in the New York State and several

Federal courts. He regularly defends individuals charged under the

Computer Fraud and Abuse Act in both criminal and civil cases. His

two statements dated 26th January 2016 (tab 13) and 23rd May 2016

(tab 14) deal with United States Federal prosecutions and the

possible effects on Mr Love’s liberty and wellbeing before, during

and after trial. He told the court that the alleged £13 million loss

incurred by the victims of the alleged crimes would be included in

the sentencing range and on that figure the sentence would be

categorised into the 188 -121 month range. The Guidelines are not

mandatory however judges follow them. Under cross examination

he said the loss in this case relates to the intrusion of the activity.

The civil standard is used at a sentencing hearing. He agrees with

Mr Dratel’s evidence and said the sentencing guidelines are

inherently irrational.

FINDINGS OF FACT (NOT FORUM)

75. It has been accepted by Mr Caldwell on behalf of the Government

that Mr Love suffers from Asperger Syndrome (AS) although the

nature and degree was challenged. It is clear from Professor Baron-
Cohen’s evidence, which I accept, that Mr Love is high functioning,

has the capacity to participate in a trial and give instructions to his

19

lawyers. He does not have AS in combination with learning

difficulties, attention deficit and language. His AS is a “very severe

disability because it causes him to become so absorbed in his

interests that he neglects important areas of his life, such as his

studies, and even his health” (Professor Baron-Cohen, 7th December

2015, tab 4, page 3, para 7).

76.It is also clear from the evidence, and from seeing Mr Love in court,

that he is highly intelligent and articulate. Professor Kopleman also

comments his “thinking processes are generally excellent” (tab 7,

page 14, para 7(iii)).

77. It is not disputed that Mr Love suffers from eczema, which he has

had since birth, and which is a partly stress related physical

condition exacerbated by his mental health issues (Professor Baron-
Cohen, tab 5, page 2, para 4). I have no doubt this causes him

severe problems given the evidence from his GP and Mr Love’s own

vivid evidence of his daily hygiene routines and his constant urge to

scratch. It is not disputed he suffers from asthma.

78.Dr Kopleman’s reports and oral evidence outlined Mr Love’s past

psychiatric history and depression, which started in 2004. Mr Love

also gave evidence about this. I find Mr Love has suffered from

depression in the past and it has got worse since these proceedings

began. However I also find that in the past he has not continued to

take medication prescribed that could help him with his depression.

Dr Kopleman also said more could be done for his depression and

suggested he saw an expert in AS and a psychiatrist; his symptoms

could be managed by taking antidepressants. In his report dated

26th May 2016, he said, “Mr Love has proved very reluctant to

engage in psychiatric or psychological treatment in the UK” (tab 8,

page 6, para 2).

79. There have not been any incidents of self-harm in the past but I

accept Mr Love has experienced suicidal thoughts intermittently,

both in the past and now. Mr Love denied any suggestion that he

had exaggerated his symptoms and his suicide risk which I accept

given the medical evidence.

20

80.I also accept Professor Baron-Cohen and Professor Kopleman’s

evidence that he would attempt suicide before extradition to the

United States. Both are of the opinion he would be at high risk of

suicide. I accept Professor Baron-Cohen’s oral evidence that Mr

Love’s intention is not a reflection of a voluntary plan or act but due

to his mental health being dependant on him being at home with his

parents and not being detained for an indefinite period.

81. I accept the evidence of Mr Panepinto (tab 34) who is employed by

the United States Department of Justice, United States Marshals

Services, about Mr Love’s transfer to the US being undertaken by

the United States Marshals. They routinely transport prisoner with

medical/mental health conditions including those at high risk of

suicide (page 2, para 9) and I am satisfied any risk in transit can be

ameliorated by appropriate arrangements being in place to prevent

suicide.

82.I heard evidence about prison conditions and what the United

States will do to mitigate Mr Love’s suicidal ideology, and about the

regime for those inmates suffering from mental health issues and, in

particular, suicide risk. I read and heard evidence from Mr Dratel, a

United States defence lawyer, who gave general evidence about pre-
trial detention facilities in the US and the medical care available to

such inmates. He deferred to Dr Kucharski’s evidence that Mr Love

would be placed on suicide watch. Dr Kucharski has been a forensic

psychologist for 30 years and worked for the Bureau of Prisons. I

accept he is an experienced clinician and I accept his evidence that

Mr Love would be screened as soon as he was admitted into prison,

with acutely suicidal inmates being placed on suicide watch; this

will happen to Mr Love. He also said “no one commits suicide on

suicide watch”. However I find the United States can deal with

suicide risks and provisions for prisoners with complex mental

health and physical needs given I accept the evidence of Dr Lyn, the

current Psychology Services Branch Administrator of the Federal

Bureau of Prisons, about the facilities provided the BOP both on

arrival and thereafter. Once in the United States Mr Love will be

21

screened within 24 hours and an assessment made of his imminent

risk of self-harm. Each psychology department has a full range of

services including psychological assessment and suicide risk

assessment. If he is found guilty Mr Love will be assessed as to

which designated facility he should be sent to and, when one has

been found, Mr Love will be screened by medical and mental health

professionals on arrival. The BOP can provide medical care for

inmates with eczema and asthma. In respect of Mr Love’s diagnosis

of AS, he will be assigned various workers and a psychology service.

The BOP’s Suicide Prevention Programme provides that if a

psychologist determines an inmate has an imminent potential for

suicide, he will be placed under supervision which involves the

prisoner wearing a tear resistant gown and tear resistant blanket. In

her statement dated 9th June 2016 Dr Lyn confirms that, as part of

the Suicide Prevention Programme, group and individual

counselling services are available for all BOP inmates considered

suicide risks (tab 37, para 3) and, although inmates are not

ordinarily permitted to use their own physicians or other healthcare

providers, any request for an inmate to be examined by a specific

physician will be considered by the Warden and Regional Director

and Medical Director (para 4).

83.I find there is nothing either unlawful or improper in proceedings

being undertaken in three jurisdictions in the United States. The law

enforcement agencies and prosecutors in the districts all started

separate investigations at different times given the criminal activity

happened in a number of districts. I accept such decisions have

been made in good faith (Combined Affidavit (undated) of Nicholas

P Grippo, Christian Everdell, Jay Prabhu and Ryan Dickey, tab 32,

paras 25-33). In fact Mr Love can request the cases are heard in one

jurisdiction, subject to the approval of the attorneys in the districts

(as above, para 29, footnote 5). Mr Dratel also accepted there is

“nothing technically wrong in prosecutions being brought in three

jurisdictions but it was unusual”.

22

84.I also find that the United States authorities provide adequate trial

preparations for defendants. I accept the evidence set out in the

prosecutors’ Affidavit that Mr Love will be afforded reasonable

opportunity for private consultation with his Counsel; he can apply

to be temporarily released from custody for the necessary

preparation of his case (which could mean being taking to an

interview room where he can meet his lawyer and review any

electronic evidence); various methods can be employed including

placing discovery on a stand-alone computer for him or to take him

to a United States Attorney’s Office to review the evidence

(prosecutor’s statement, tab 32, pages 10 -11, paras 21-23).

85.I was taken through the United States Sentencing Guidelines

(“USSG”) by a number of witnesses. There was no dispute between

them as to the sentence Mr Love might receive. There was also no

dispute that, as a matter of law, the USSG are not mandatory but

permit a sentencing judge the discretion to depart from a sentencing

range and move up and down the guideline. The Government

acknowledges Mr Love could receive numerous sentencing

enhancements under the Guidelines (as above, page 2, para 5) and

each district court could impose consecutive sentences to any other

term of imprisonment imposed in other districts but “under the

circumstances present in this matter, the Guideline counsel courts

to impose concurrent sentences” (as above, page 5, para 11). I also

find that if Mr Love pleads guilty upon his arrival in the United

States, or if he is convicted and pleads guilty to other matters

outstanding in another district, he could have his cases remitted to

one court for sentence (as above, page 15 footnote 5).

86.In Ms Royce gave evidence about prisoner transfer after conviction

and I read Ms Wolff’s statements on behalf of the Government. Ms

Wolff has been Chief of the International Prisoner Transfer Unit for

16 years. Ms Royce relied on statements made in 2007. In her oral

evidence Ms Royce told of two cases she has been involved with in

2016 in which both were denied transfer to the United Kingdom.

She did not say why. She said the court would make a decision about

23

the financial means of an applicant but was unsure what financial

investigation could be undertaken for a foreign national. Restitution

played a part in the decision for transfer. Any request made for

transfer would be sent to Ms Wolff. In her affidavit Ms Wolff

confirmed there is a transfer treaty with the United Kingdom.

Guidelines have been published setting out the evaluation of

transfer applications. Outstanding financial obligations do not

amount to an automatic bar to transfer, the ability of a prisoner to

pay and the views of the victims are taken into account (tab 36, para

7). I accept her evidence given she has been the current Chief of the

International Prison Transfer Unit. An agreement between the

United States and United Kingdom exists, a procedure exists for an

application to be made and a number of factors are taken into

account in deciding a prisoner transfer, which was not dependant

on, or primarily based on, the prosecutor’s views of restitution,

contrary to Ms Royce’s evidence.

FINDINGS AND DECISIONS ON THE ISSUES RAISED

SECTION 83A – FORUM

87.I have read the submissions from the parties and heard from them

in which they expanded their submissions. I have read the cases of

Dibden v France [2014] EWHC 3074 and Shaw v America

[2014] EWHC 465 (Admin) c0ntained in the bundle of

authorities (tabs 2 and 3).

88.In Shaw, Aitkens LJ emphasised two important considerations in

connection with the Section 83A (3) factors namely, the court has to

bear in mind each of the specified matters individually (and not any

others) and it may be that one factor is irrelevant or not present or

of little weight or of great importance (paras 40-41). The question is

whether it is in the interests of justice there should not be an

extradition to a requesting state. In every case the court will be

engaged in a fact specific exercise.

24

89.It is accepted the threshold requirement in section 83A (2) (a) is

satisfied because a substantial measure of Mr Love’s relevant

activity was performed in the United Kingdom.

90.Mr Cooper asked me to look outside the sequence of the Act and put

that which he says is the most important consideration first,

namely, Mr Love’s connection to the United Kingdom and to give it

the most weight. I will deal with the specified factors in the order in

which they appear in the section:

(a) the place where most of the loss or harm resulting from the

extradition offence occurred or was intended to occur: Most, if not

all, of the loss or harm resulting from Mr Love’s conduct occurred in

the United States as he is accused of stealing confidential

information belonging to individuals (including credit card details)

from US government computers and private companies. In my view

the harm is the stealing of that information with the potential illegal

use of the same, irrespective of where or not Mr Love did this for

financial gain. It appears he targeted the United States departments

and companies as part of his “hactivisim” and political activity

(b) the interests of any victims of the extradition offence: The

victims are the companies and government departments who had

their computers hacked into resulting in millions of dollars’ worth of

damage. There are also individual victims, those whose personal

details were stolen. In this case, the US are of the view that “none of

the victims of Love’s alleged crimes have an interest in this matter

being prosecuted in the United Kingdom” (Prosecutors statement,

as above, tab 32, page 18, para b). I do not accept Mr Cooper’s

submissions that the interests of the victims may not be served with

a prosecution in the United States given Dr Kopleman’s evidence

that Mr Love may not be fit to stand trial. That is conjecture at this

stage. Dr Kopleman’s exact evidence was any refusal of bail is likely

to cause a worsening of Mr Love’s clinical depression but it was

difficult to anticipate if this would affect him and whether he would

be fit to stand trial.

25

(c) any belief of a prosecutor that the United Kingdom, or a

particular part of the United Kingdom, is not the most appropriate

jurisdiction in which to prosecute D in respect of the conduct

constituting the extradition offence: The Crown Prosecution Service

is silent in this case and I agree with Mr Caldwell’s submission that

the absence of a prosecutor’s belief adds nothing to the decision

under the interests of justice test and therefore this specified matter

is neutral.

(d) were D to be prosecuted in a part of the United Kingdom for an

offence that corresponds to the extradition offence, whether

evidence necessary to prove the offence is or could be made

available in the United Kingdom: I agree, as did Mr Caldwell for the

Government that, in this digital age, evidence to prove the offence in

the United Kingdom is available or could be made available.

However, as already stated there are witnesses who will be required

to give evidence. One is the anonymous informant. It is unknown at

this time whether he would assist in any prosecution in the United

Kingdom and he may not be a compellable witness in the United

Kingdom. The Government has said it will call each of the victim

organisations, law enforcement officers, forensic evidence and some

individual victims whose personal information was stolen. The

prosecutor’s point out that it would be “substantially difficult to

make available to the United Kingdom all of the evidence necessary

to prosecute Love, particularly the witnesses the United States

anticipates calling at trail” (Prosecutors statement, tab 32, page 19).

(e) any delay that might result from proceeding in one jurisdiction

rather than another: It was submitted that a prosecution In the

United Kingdom was likely to be quicker than in the United States

given the involvement of the NCA in the case and they would be at

an advanced stage of readiness for trial. The latter suggestion is

speculation, because, apart from the NCA executing a search

warrant at Mr Love’s home address and seizing a number of

computers, some of which they could access, some they could not. I

do not have any other evidence as to any stage of readiness. In

26

contrast, the proceedings in the United States have started, evidence

has been obtained in three jurisdictions resulting in three Grand

Juries issuing Indictments. The United States prosecutors’

statement confirms that Mr Love has the right to be tried within 70

days following his first court appearance, unless he waives the same,

and, if he is tried in three separate districts, the same time limit

applies. (tab 32, para 70). I have also found there is nothing

procedurally incorrect in three districts wanting to prosecute Mr

Love. Mr Love could also apply for all his cases to be heard under

one jurisdiction (certainly for the conspiracy charges) which would

reduce delay (as above, para 2).

(f) the desirability and practicability of all prosecutions relating to

the extradition offence taking place in one jurisdiction, having

regard (“in particular”) to – (i) the jurisdictions in which witnesses,

co-defendants and other suspects are located, and (ii) the

practicability of the evidence of such persons being given in the

United Kingdom or in jurisdictions outside the United Kingdom:

There are no co-defendants. There are over twenty witnesses, all of

whom are in the United States. The digital evidence could be given

in the United Kingdom but the witnesses reside in the United States

and as a matter of desirability and practicality it is easier for them to

give evidence in the United States.

(g) D’s connection with the United Kingdom: Undoubtedly all Mr

Love’s connections are in the United Kingdom. He is a single man

with no dependants. He is a United Kingdom citizen and lives with

his parents. He is studying, teaching and working in the United

Kingdom. Mr Love has been diagnosed with AS. He also suffers

from depression, eczema and asthma. He has the support and

stability of his family. The experts agree Mr Love would be at a

severe risk of suicide if extradited to the United States. In my view

the submission that a defendant’s connection to the United

Kingdom proved decisive in ensuring other United Kingdom

hackers were prosecuted in the United Kingdom is not relevant to

Mr Love’s personal connections with the United Kingdom.

27

91. I accept Mr Love’s connections to the United Kingdom include his

own personal circumstances, his health and his support network,

and not merely his connection to the State, as submitted by Mr

Caldwell. Some of the evidence in this case is transportable but, in

my assessment, those factors do not outweigh the facts that the

conduct occurred in the United States, all the victims are in the

United States, their interests are best served with the case being

heard in the United States and any delay is not known because I do

not have any evidence as to how far any investigation has taken in

the United Kingdom. What I do know is that evidence has been

produced by the United States resulting in three Indictments being

issued by three Grand Juries.

92.It is the interests of justice for the case to be tired in the United

States and for this reason the forum bar fails.

SECTION 91 AND SECTION 87 – ARTICLE 3

93.I will deal with these issues together as the submissions are broadly

the same.

94.Under section 91 a Requested Person has the burden of proving

that, because of his physical or mental condition, it would be unjust

or oppressive to extradite him.

95.Article 3 provides that no-one shall be subjected to torture or

inhuman and degrading treatment or punishment. This is absolute

and prohibits extradition if there are substantial grounds for

believing that there is a real risk of treatment which violates Article

3. The burden is on the Requested Person to bring clear and cogent

evidence to show there are substantial grounds for believing that if

extradited, the person faces a real risk of either being killed or being

subjected to torture or to inhuman or degrading treatment.

96.I have been referred to a number of cases set out in the Authorities

Bundle. I have, in particular, considered the cases of Turner v

Government of the United States [2012] EWC 2426, and Polish

Judicial Authority v Wolkowicz [2013] EWHC 102

(Admin). In the case of Turner Aikens LJ summarised the

28

propositions derived from a number of previous cases that dealt

with the question as to whether the mental condition of a Requested

Person who poses a substantial risk of suicide amounts to his

extradition being unjust or oppressive or in breach of Article 3 (para

28). A high threshold has to be reached to satisfy the court that Mr

Love’s mental condition is such that it would be unjust or oppressive

to extradite him. As I have already found (para 79-81 above) I am

satisfied that there is a substantial risk Mr Love will commit suicide.

The evidence of Professor Baron-Cohen and Professor Kopleman is

clear; Mr Love’s mental condition is such that it removes his

capacity to resist the impulse to commit suicide. There will be a

high risk he will commit suicide if extradited. This will be prior to

removal, in transit and on arrival in the United States. Professor

Baron-Cohen warns that to dismiss this would be “a fantasy” (para

28 above). The key issue then is what measures are in place to

prevent any attempt at suicide being successful. In the United

Kingdom that risk would be lessened if Mr Love were on bail and

with his parents. If is custody I have heard of the holistic approach

of the United Kingdom prison system from the Reverend Love.

97. On transfer to the United States, Stephen Panepinto, the Deputy

Chief of the International Investigations Branch Investigative

Operations Division, states the United States Marshals Service will

be responsible for Mr Love’s transfer (statement dated 20th April

2016, tab 34). They routinely transport prisoners with medical

and/or health concerns (para 9). He sets out the procedure to be

adopted prior to his transfer and if deemed necessary a member of

the Medical Support Unit of the USMS could accompany Mr Love

during the flight. Medical records and the psychiatric assessments

should be given to those who have to accompany Mr Love during

transfer. I have found these safeguards are in place to ensure Mr

Love does not commit suicide in transit (para 82 above).

98.On arrival in the United States I have also found there are

arrangements in place to prevent suicide (para 83). I have carefully

considered the evidence of Dr Kucharski and Mr Dratel about what

29

will happen to Mr Love once he is in the United States and from the

Government and find that, despite the differences in the approaches

of the United States and United Kingdom to prisoners who are

exhibiting suicidal ideology, the preventative measure in place in

the United States are effective in preventing suicides.

99.I am also satisfied that Mr Love will receive dedicated mental and

physical health care in the United States, as set out in the

comprehensive report of Dr Lyn (tab 33) which I accept (at para 83

above). Such care will be available to Mr Love during the currency

of his incarceration.

100. I have not been provided with assurances, something raised by

Mr Cooper. I do not agree with his submission that absent such

assurances Mr Love faces a real risk of being suicide to and

inhuman and disproportionate punishment prohibited by Article 3

given my findings regarding the health and mental health care Mr

Love will receive in the United States. I have been told of the

maximum sentences available and the likely sentence in Mr Love’s

cases by Mr Ekeland. Certainly the sentencing regime is harsher in

the United States than in the United Kingdom for equivalent

offences but a number of factors can be taken into consideration at

sentencing, as set out in the evidence contained in the prosecutor’s

affidavit, including the court having the discretion to depart from a

sentencing range. The mental health of the defendant may be

relevant in this process. Each district has a discretion to impose a

consecutive terms to other terms of imprisonment against him (tab

32, para 11). It is for the Requesting State to set its own sentencing

policy unless it is disproportionate which, for the reasons stated, I

do not find it to be.

101. Mr Love has not shown it will be either unjust or oppressive to

extradite and there will be a real risk to Mr Love of being severely

ill-treated in a manner sufficiently severe to engage Article 3 for the

reasons given above.

102. The challenges under section 91 and Article 3 fail.

30

SECTION 87 – ARTICLE 6

103. Article 6 safeguards the right to a fair trial. The burden is on Mr

Love to show there are substantial grounds for believing that there

is a real risk of a flagrant denial of this right if extradited. It is

submitted Mr Love faces a real risk of a flagrant denial of his Article

6 right to a fair trial because access to his lawyer will be curtailed, he

will have difficulties in reviewing the evidence because computers

are not allowed into detention facilities. Ms Caddedu’s evidence is

that in such situations lawyers may have to print off documents for

defendants.

104. The evidence from the United States differs. I accept the

evidence form the Government (as set out in para 85 above) which

details the procedures in place to allow defendants to have access to

computers and/or disclosure and confidential facilities to see and

instruct lawyers.

105. Accordingly Mr Love’s challenge under article 6 fails.

SECTION 87 – ARTICLE 8

106. Article 8 provides that everyone has a right to respect for his

private and family life, his home and his correspondence.

107. In considering the evidence under article 8 I have had regard to

the principles in the context of extradition procedures as set out in

Norris v Government of the United States (no2) [2010]

UKSC 9 and HH v Italy [2012] UKSC 25.

108. The case of Polish Judicial Authorities v Celinski and

Ors [2015] EWHC 1274 (Admin) sets of the approach the court

has to take in respect to article 8 cases. In applying the “balance

sheet” approach recommended in Celinski I have to look at the

factors in favour of Mr Love’s extradition and those factors against.

Factors in favour of extradition

109. There is a strong public interest that the United Kingdom should

honour its extradition treaty obligations with other countries.

31

110. The offences for which Mr Love is sought are serious, they were

committed over three districts in the United States over a period of

one year.

111. Mr Love targeted computers in the United States.

112. Millions of dollars’ worth of damage was caused by hacking into

the computers and employee’s personal details were stolen.

113. It was submitted by Mr Caldwell that the United States has a

proven track record of managing vulnerable persons whose

extradition has been ordered by the United Kingdom. The United

States authorities are able to meet Mr Love’s medical and personal

needs.

Factors against extradition

114. Mr Love is a United Kingdom national and is 32 years of age

(dob: 14.12.1984). He is a single man who lives with his parents. He

suffers from Asperger Syndrome, depression, eczema and asthma.

115. He is at high risk of committing suicide if extradited due to his

mental health. He has suffered from eczema since birth and the

condition is exacerbated at times of stress and anxiety. He

undertakes a daily hygiene regime, uses creams and steroids to treat

the condition, takes medication and sees his GP regularly.

116. He is not currently taking antidepressants for his depression.

117. It was submitted that suicide prevention in United States prisons

would exacerbate rather than ameliorate Mr Love’s suicide risk, he

is likely to spend a significant amount of time in solitary

confinement and he would be isolated from his family which would

elevate such a risk.

118. It was also submitted his AS would not be treated properly in the

US.

119. The length of sentence he is likely to face.

120. Mr Love is of good character and is working and studying.

Decision

32

121. Mr Love’s Article 8 rights are clearly engaged. In balancing the

factors for and against extradition I am satisfied that the very strong

counter balancing factors required to find extradition would be

disproportionate are not found in this case. Mr Love faces extremely

serious charges for offences of computer hacking over a period of

one year from October 2012 to October 2013. I accept Mr Love

suffers from both physical and mental health issues but I have found

the medical facilities in the United States prison estate on arrival

and during any sentence if he is convicted available to him, are such

that I can be satisfied his needs will be comprehensively met by the

US authorities.

122. I am satisfied Mr Love’s extradition would be compatible with

his Convention rights and I send this case to the Secretary of State

for her decision as to whether or not Mr Love should be extradited.

District Judge (Magistrates’ Court) N Tempia

16th September 2016

Page 1 of 32

1

JUDICIARY OF

ENGLAND AND WALES

The Government of the United States of America

Requesting Judicial Authority

v

Lauri Love

Requested Person

Judge N Tempia

In the Westminster Magistrates’ Court

Advocates: Mr P Caldwell – Judicial Authority

Mr B Cooper – Requested Person

APPLICATION AND BACKGROUND

1. This is an application by the Government of the United States of

America for the extradition of the requested person, Lauri Love,

(dob: 14.12.1984) a United Kingdom citizen, who is accused of

unlawfully accessing computers used by United States Federal

Agencies and private companies and misusing the data he

unlawfully obtained.

2. The United States of America is a Category 2 territory. Part 2 of the

Extradition Act 2003 (the Act) applies.

Page 1 of 32

Page 2 of 32

2

3. The criminal proceedings in the US have been commenced in three

judicial districts, the Southern District of New York, the District of

New Jersey and the Eastern District of Virginia. These proceedings

are referred to within a Diplomatic Note from the United States

dated 6th July 2015. The material relating to each of the judicial

districts was separately certified by the Secretary of State on 7th July

2015 and these proceedings are treated as a single request. The

bundle contains the warrants for Mr Love’s arrest in the three

districts and were issued by the Southern District of New York on

21st February 2015, District of New Jersey on 23rd March 2015 and

Eastern District of Virginia on 21st May 2015.

4. Following certification a warrant was issued for Mr Love’s arrest.

Mr Love was arrested on 15th July 2015 and appeared at

Westminster Magistrates’ Court on the same day. The initial hearing

was unchallenged. Mr Love did not consent to his extradition. He

was granted bail and has remained on bail throughout the

proceedings.

5. Section 78 of the Act requires the judge at the initial stages of the

extradition hearing to decide whether the documents received

include the documents referred to in section 70(9), the certified

request, the particulars of the person whose extradition is sought,

particulars of the offences specified in the request and, where a

person is accused of an offence, a warrant for his arrest has been

issued in the category 2 territory.

6. I have received prosecutor’s affidavits and photos which accord with

the particulars given in the Diplomatic Note which provides Mr

Love’s personal information and references to other names he is

known as including, “nsh”, “peace”, “shift”, “route”, “Smedley

Butler”.

EXTRADITION OFFENCES

7. The Government of the United States is not required by operation of

the Extradition Act 2003, in common with many other States, to

adduce a prima facie case and it is not for me to determine if there is

Page 2 of 32

Page 3 of 32

3

a case to answer, however, I have set out the nature and extent of

the evidence obtained by the United States prosecutors against Mr

Love. I will set out an overview of the evidence contained in the

affidavits to set out the extradition offences (details of the individual

indictments are contained in Mr Caldwell’s Opening Note dated 15th

June 2016, pages 5-12).

8. Mr Love is accused in three indictments that between the period

October 2012 to October 2013, he, working with others, made a

series of cyber-attacks on the computer networks of private

companies and United States Government agencies, (including the

US Federal Reserve, US Army, US Department of Defence, Missile

Defence Agency, NASA, Army Corps of Engineers, Department of

Health and Human Services, US Sentencing Commission, FBI

Regional Computer Forensics Laboratory, Deltek Inc, Department

of Energy, Forte Interactive, Inc) in order to steal and then publicly

disseminate confidential information found on the networks,

including what is referred to as personally identifiable information

(“PII”).

9. Mr Love is accused in three indictments in three districts as follows:

(i) Southern District of New York – Mr Love faces two counts on

Indictment, one of computer hacking (maximum sentence of

10 years imprisonment) and one of aggravated identity theft

(maximum sentence of 2 years imprisonment to be imposed

consecutively to the sentence for count 1).

(ii) The New Jersey request details two counts on one indictment.

One count is conspiracy to access a computer without

authorisation and obtain information from a department or

agency of the United States (maximum sentence of 5 years

imprisonment) and one of accessing a computer without

authorisation and obtaining information from a department or

agency of the United States (maximum sentence of 5 years

imprisonment).

(iii) The Eastern District of Virginia request contains nine counts on

an Indictment, count 1 – conspiracy to cause damage to a

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protected computer and to commit access device fraud

(maximum sentence of 5 years imprisonment); counts 2 -7 –

causing damage to a protected computer and aiding and

abetting (maximum sentence of 5 years imprisonment); count

8 – access device fraud and aiding and abetting (maximum

sentence of 10 years imprisonment) and count 9 – aggravated

identity theft and aiding and abetting (maximum sentence of 2

years imprisonment).

10.In most of the attacks it is alleged Mr Love gained unauthorised

access by exploiting vulnerabilities in a programme the computers

ran known as Adode ColdFusion; software designed to build and

administer websites and databases (the “ColdFusion Attacks”). It is

further alleged Mr Love also carried out “SQL Injection Attacks” in

which unauthorised access was gained to computer databases by

manipulating “structured query language”, computer programming

language designed to retrieve and manage data on computer

databases (the “SQL Injection Attacks”).

11. Once inside the compromised computer systems, Mr Love and

others placed hidden “shells” or “backdoors” within the networks.

This allowed them to return and steal the confidential data which

included telephone numbers, social security numbers, credit card

details and salary information of employees, health care

professionals, and service personnel.

12. A confidential source working for the United States Federal Bureau

of Investigation (FBI) had access to a restricted online “chat room”

used by Mr Love and others from about 2012 to 2013. They had

discussions about their hacking activity in the chat room using

Internet Relay Chat (“IRC”). This allows multiple users to talk

about their activities using typed messages to each other. Various

online names were used to disguise their true identities. From this

the FBI has identified Mr Love’s nicknames as “nsh”, “peace”, “shift”

and “route”.

13. Mr Love used IRC to discuss how to “exfiltrate” the stolen data and

what could be done with it.

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14. On 25th October 2013 officers of the National Crime Agency (NCA)

executed a search warrant at Mr Love’s address in Stradishall,

Newmarket, while he was present. One of his computers was logged

onto an online chat room using the name “nsh”. It is alleged some

of the computers in his possession had some of the data stolen

during the computer intrusions under investigation, including some

intrusions that he discussed online using the name “nsh” and other

names attributable to him.

15. Under section 137(3)(b) I have to be satisfied that the conduct

specified in the request would constitute offences in the United

Kingdom if they had occurred in England and Wales. Mr Caldwell’s

analysis of the offences (set out at page 13, para 52 of his Opening

Note) has not been challenged by Mr Cooper and I am satisfied the

conduct alleged would amount to the offences outlined at paragraph

52 and therefore are extradition offences, namely offences under

sections 1 and 2 of the Computer Misuse Act 1990 (carrying

maximum sentences of 2 years and 5 years imprisonment

respectively); sections 327, 328 and 329 of the Proceeds of Crime

Act 2002 (carrying maximum sentences of 14 years imprisonment)

and the common law offence of conspiracy.

EVIDENCE

16. I have been supplied with bundles of documents and have heard

oral evidence and submissions from the parties including written

submissions.

17. Reverend Alexander Love gave evidence in person and adopted

his three statements dated 3rd October 2015 (Bundle, pages 373-

384), 13th January 2016 (pages 385-386) and 27th June 2016. His

oral evidence can be summarised as follows: He gave evidence of his

son’s history of anxiety and low self-esteem, of how he “fell apart”

when he was at sixth form college, during his National Service in

Finland (he applied for a Finnish passport as his mother is Finnish

and was aware he would have to undertake military service) and

when he attend Nottingham and Glasgow Universities. In 2005,

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whilst at Nottingham University, his son became depressed and

returned home a “mental and physical wreck” (bundle tab23, para

36). In 2006 he suffered anxiety and was referred to mental health

services

18. During Mr Love’s second year at Glasgow University his mental

health deteriorated so badly his parents had to collect him and bring

him home. He has told his parents that if it were not for them he

would have killed himself.

19. In his role as a prison Chaplin in Highpoint Prison in Suffolk,

Reverend Love told me of the approach used by the prison estate in

the UK to deal with potential suicidal risks in prisoners, which I

interpret as being an holistic approach, including engaging with the

prisoner’s family and encouraging the inmate to talk about their

situation. His son will not have parental support if extradited.

20.Under cross examination Reverend Love said his son would not take

his life “in an attempt to make us feel guilty” but that if he were on

remand in the United States and his family were no longer with him,

“despair will grip him deeper”.

21. Mrs Sirkka Love gave evidence in person and adopted her

statements dated 3rd October 2015 (Tab 25) and 28th June 2016

(Tab 39). Her oral evidence can be summarised as follows: She

confirmed her son was diagnosed with eczema as a baby; he also

suffers from asthma. In the last few years she has noticed a

correlation between his physical symptoms (screaming and

suffering pain) and his mental state. She agrees with her husband’s

statement (tab 23, page 9, para 4) in which he states, “The only

thing that keeps Lauri from killing himself is me and my wife and

having him at home with us. He has told me very clearly he would

kill himself if there was an order for extradition”.

22.Professor Simon Baron-Cohen gave evidence in person and

adopted his three reports dated 7th December 2015 (tab 4), 4th

February 2016 (tab 5) and 1st June 2016 (tab 6). He is Professor of

Developmental Psychopathology at the University of Cambridge and

Fellow of Trinity College, Cambridge. He is Director of the Autism

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Research Centre in Cambridge. He has been involved in autism

research for 30 years and has been a consultant in the NHS for 15

years specialising in the diagnosis of Asperger Syndrome in adults.

23.He has considered the evidence of other experts in this case,

including Professor Kopleman’s witness statement and evidence of

the treatment Mr Love is likely to receive in US custody. He

confirmed Mr Love’s diagnosis of suffering from Asperger

Syndrome (AS) which is a sub group of the autistic spectrum. He

does not have AS in combination with learning difficulties, attention

deficit and language. He is high functioning.

24.Those suffering from AS struggle in social relations,

communication, develop unusual interests, have hypersensitivity

and cannot adjust to social change. Mr Love feels socially isolated

and suffers from severe depression, which is not uncommon in AS

sufferers. The questionnaire completed by Mr Love was self- reporting and is used to determine scores to identify how many

autistic traits an individual has in order to be referred to a specialist.

When he sees a patient he always takes due diligence that someone

may be inflating their symptoms.

25.Under cross examination Professor Baron Cohen agreed that Mr

Love has capacity to participate in a trial, give instructions to his

lawyers and a fair trial process was available to him. He also said,

“to be balanced, in prison he could be as calm as he is now and put

his hand up and ask for help. Equally his mental health may

deteriorate and he cannot do that if the voice will tell him to kill

himself”. Psychological wellbeing fluctuates.

26.He agreed the overwhelming priority, if extradition were ordered,

was to keep Mr Love alive. This could be done on bail under the

supervision of his parents. Incarceration in the United Kingdom

prior to removal would not be a means of alleviating suicide. Mr

Love has thought through the way he could evade detection about

committing suicide and he is able to do this and said, “it would be a

risk to assume this is a fantasy”. He agreed that a previous attempt

at suicide might be an indicator of Mr Love attempting suicide

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again, but in this case the self-neglect and being unwell which

necessitated him being brought home from University may be a sign

of suicidality.

27. Professor Baron-Cohen assessed Mr Love’s risk of suicide as very

high and if he were not at home his risk increased. Mr Love was

“way above average intelligence” and would be well aware the

authorities will do all they can to prevent suicide. When asked if Mr

Love’s suicide ideology was a voluntary act or through mental

illness, Professor Baron-Cohen’s evidence was Mr Love’s experience

of intent was not a reflection of a voluntary plan or act, he does not

want to die but his mental health is so dependent on being at home

with his parents and not being detained for an indefinite period, he

could not impose restraint on himself to stop himself committing

suicide. He has made it clear that at the point he is handed over his

suicidal feelings will increase.

28.The Professor was initially impressed with the United State’s highly

developed mental health system and how it cared for prisoners with

mental health issues but changed his mind after reading Dr

Kucharski’s report, which highlights staff shortages, prisoner ratios

and there being no experts in AS. There is insufficient clinical or

other support to prevent a likely suicide.

29.He said it would be pure speculation about what would happen to

Mr Love in solitary confinement.

30.He confirmed his opinion in his report dated 1st June 2016 (tab 6,

page 1, para 1a) that the Federal Bureau of Prisons (BOP) protocols

are not satisfactory for Mr Love given mental health services are

only valuable on a non-emergency, voluntary basis and Mr Love

may not be allowed to see a private specialist.

31. Dr Thomas Kucharski gave evidence in person. He has been a

forensic psychologist for 30 years. For 2 1⁄2 years from 1991 he was

a forensic psychologist at the Federal Medical Centre in Rochester,

Minnesota (one of five medical facilities operated by the Federal

Bureau of Prisons). For the next 9 years he was a forensic

psychologist and promoted to Chief Psychologist at the

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Metropolitan Correction Centre in New York (one of the facilities

Mr Love might be detained at if extradited). He has no direct

experience of the two contract facilities in New Jersey and Virginia

where Mr Love would be held during proceedings in those districts

but served for 1 year as Director of Mental Health at the Westchester

County Department of Corrections in Valhalla, New York, a county

jail that contracts to detain federal inmates. Since leaving BOP in

2002 he has maintained a part time forensic psychology assessment

practice. He said his experience was relatively up to date, he has

attended the Metropolitan Detention Centres in Brooklyn and

Manhattan and remains in contact with a number of people in the

facility.

32.He adopted his report dated 10th June 2016 (tab 15). He told me Dr

Lynn’s Affidavit correctly states there are 600 psychologists or staff

in the 122 Federal Bureau of Prisons (BOP) institutions but

mischaracterises their role; the true level of services is substantially

lower than that she states. Each institution has a Chief Psychologist

(which is in effect an administrative role). Out of 60, one

psychologist would be a drug abuse co-ordinator who would not

engage with prisoners and 30 are forensic psychologists who

prepare reports regarding competency to stand trial. All inmates in

segregation have to be seen every 30 days.

33.Dr Kucharski said it was most likely Mr Love would be sent to the

Metropolitan Detention Centre. That facility shares a full time

psychiatrist. He has concerns that, given Mr Love’s presentation, he

would be placed on suicide watch for a substantial period of time

and probably as soon as he arrived. There is also a high risk of

suicide if he were placed in segregation (where he would go if he

misbehaved). Dr Kucharski commented that a lot of mentally ill

prisoners are in solitary confinement as their behaviour “upsets the

apple cart”.

34.Suicide watch comprises being put in a room with an inmate

observing the prisoner 24 hours a day. The conditions in

segregation are the same as those on suicide watch save for inmate

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observation. Mr Love would be seen by a psychologist once a day to

determine if he needed to stay on suicide watch. He commented,

“no one commits suicide on suicide watch”.

35. Dr Kucharski also told me the county jails probably have worse

mental health facilities than in the metropolitan areas, where

prisoners who are serving either short sentences or who are pre-trial

are detained.

36.Under cross examination Dr Kucharski said he assesses fitness to

plead, insanity cases, sex offender and civil commitment cases. He

was last amongst the prison population in 2002.

37. He has not dealt with someone extradited to the United States but

would hope the United States Marshalls would be aware of Mr

Love’s medical background. On arrival in the United States he

would go onto suicide watch at MDC.

38.He confirmed that prisoners suffering from acute symptoms or

those who could not function in a medical facility (he gave the

example of those suffering from severe schizophrenic symptoms)

would be transferred to medical centres.

39.Professor Michael Kopelman gave evidence in person. He is an

Emeritus Professor of Neuropsychiatry at Kings College London.

He adopted his three reports dated 7th December 2015 (tab 7) and

reports dated 12th May 2016 and 26th May 2016 (tab 8). His oral

evidence can be summarised as follows: Mr Love suffered from

recurrent depressive disorder at age 20, 24-25 and in his late 20s.

He has severe eczema and asthma. These conditions can predispose

someone to depression.

40.In August 2012 Mr Love was referred to his local community health

team by his GP. In his opinion, at that time, Mr Love was on the

verge of psychosis and was clinically depressed, scoring high on the

Beck Depression Inventory (53). Mr Love continues to describe

features of depression and the hallucination to kill himself when

either severely depressed or fatigued. If/when extradition becomes

“imminent his mental health with plummet. Hallucinations will get

worse as will his eczema and asthma and suicide ideas will become

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11

prominent in his mind”. He suggested Mr Love should see an

expert in AS and a psychiatrist to help him with his depression.

41. After hearing Kucharski’s evidence, Dr Kopelman said it was likely

Mr Love would be in and out of suicide watch, likely to become

agitated and not tolerated by the prison authorities, resulting in him

being put in segregation, which is well known to have an adverse

mental effect on anybody. For someone with an existing

psychological disorder, such as Mr Love, it will be even worse. He

anticipated the consequences for Mr Love being held for a

prolonged period in pre-trial detention in the United States as

resulting in a severe deterioration in his mental state, a severe

exacerbation of his clinical depression, the possible onset of

psychotic ideas and experiences, a worsening of his eczema and

asthma and “in consequence, an exacerbation of suicidal ideas to a

“very high” level” (tab 8, bullet point 3).

42.Under cross examination Professor Kopleman confirmed he had

met Mr Love on 3 occasions and had spoken to him on the

telephone. He accepted he had given Mr Love the “Beck Depression

Inventory” questionnaire to complete to cast his mind back to how

he was feeling in 2012/2013 and agreed it was slightly artificial to

get someone to describe their mental state. Mr Love’s medical

records are limited, he has never been referred to either a senior

psychiatrist or a senior clinical psychologist. He has been seen by

his GP and a Community Mental Health Team Support Worker.

43.Dr Kopleman said it was not unreasonable to conclude at times of

intense stress Mr Love would experience episodes of psychosis given

he has had pseudo hallucinations and fragmentary thought

processes in the past. He too agreed with Professor Baron-Cohen’s

assessment that this was not a fantasy.

44.In his opinion what would tip Mr Love over the brink, from not

committing suicide, would be a severe deterioration in his

depression, psychotic symptoms (including hearing voices), asthma

and eczema.

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45.His mental condition would remove his mental capacity to resist the

impulse to commit suicide. Segregation in a United Kingdom prison

is a last resort for the most serious cases of someone at risk of

committing suicide.

46.Mr Love has not been taking his medication which is why he needs

to be supervised by either a Consultant Psychiatrist or a Senior

Clinical Psychologist.

47. Naomi Colvin gave evidence in person. She adopted her

statements dated 30th November 2015 (tab 26) and 14th January

2016 (tab 27) is a campaigner and works for the Courage

Foundation, an international organisation dedicated to protecting

the rights of whistle-blowers worldwide. She told me of a number of

cases highlighting the fact that in like circumstances where

defendants in the United States were sentenced to imprisonment

they spent substantial time in pre-court detention and were subject

to coercive plea-bargaining.

48.Under cross examination she confirmed the Courage Foundation is

raising funds to cover Mr Love’s legal costs through social media

and campaigning on his behalf to help him avoid extradition.

49.Jennifer Arcuri gave evidence in person. She adopted her

statements dated 2nd February 2016 (tab 30), undated statement

(tab 40) and statement 29th June 2016. She set up Hacker House

with its aim of ethical hacking. She met Lauri Love 9 months ago.

She attests to his emotional fragility. He works at Hacker House

from Thursday – Monday.

50.Lauri Love adopted his four statements dated 10th December 2015

(tab 19), 13th January 2016 (tab 20), 1st February 2016 (tab 21) and

undated proof (tab 22). In his oral evidence he told me as a child he

felt a deep sense of alienation from his peers and remembered

thinking he was different to others. He was very close to his sister

and had a small group of friends. When the family moved to

Lowestoft his hair fell out. It grew back when he went to 6th form

college. However he dropped out and worked in a turkey factory.

He applied for a Finnish passport, because his mother is Finnish,

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and had to undertake military service. This was not successful

because he could not interact with others and was transferred to the

civil service. He describes himself as “falling below water” when he

cannot function properly. He entered into crisis and was diagnosed

with depression. He was apprehensive about taking antidepressants,

giving an example of a friend’s problems taking them. He finds it

difficult to confide in people and does not “know how empathy and

autism are related, but if I share problems it seems unfair and I’ve

kept my counsel. It appears now, given my understanding of AS, I

have not been able to do this”. In respect of his eczema, he told me

he bathes every day and uses creams and steroids. He has tried

immune suppressant drugs in the past but given he has a

suppressed immune system, he is cautious about using them. He

experiences skin infections and his skin falls off. The pain from his

eczema causes him stress which in turn causes more inflammation

of his skin.

51. He is unable to resist the need to scratch, “every day I try my utmost

to tear apart the skin in my body. Every day I fail to control this

urge. If sent to the United States of America those conditions, urges

to die would be stronger than my urge to scratch every day. My

degree of control is already impaired because of these proceedings.

The urge, the despair, feeling of helplessness will result in my

ending my life”.

52. His involvement in activism started at Glasgow University. He was

involved in a 7 months occupation of the university. He also told me

about Aaron Schwartz who committed suicide after being

prosecuted for downloading documents from the Massachusetts

Institute of Technology. He feels the prosecutors have added

charges to obtain a plea bargain, which he will refuse. He also said

he will not be able to access the evidence against him if he were in

custody.

53. He is currently studying for a degree in electrical engineering at

University Campus Suffolk and teaching at the University. He works

for Hacker House advising on computer security systems.

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54.Under cross examination, Mr Love was asked about his relationship

with the media and it was put to him that, with the assistance of

others, he was trying to liken himself to Gary McKinnon and that he

has exaggerated his symptoms to the professionals, which he

denied. Although he has been diagnosed with AS for over 6 months

he has not taken antidepressants because they are not for AS. He

denied seeking to promote his personal difficulties as a shield.

55. Sylvia Royce gave evidence over Scopia. She is a lawyer and

member of the Bar of the District of Columbia and of the Bar of the

United States Supreme Court. Between October 1995 and August

2000 she was Chief of the International Prisoner Transfer

Programme, which is part of the Criminal Division of the

Department of Justice. She adopted her reports dated 8th and 12th

February 2007 (tab 16) which she prepared for the case of Gary

McKinnon. Her knowledge of prisoner transfers is up to date. In

2016 she had two cases involving applications for transfer to the

United Kingdom which were both refused. The prosecutor’s

position is the single most important factor in the decision for

prisoner transfer and there is an expectation it will be part of a plea

bargaining process. She has seen cases where prosecutors will not

agree to a transfer without a plea bargain. Prisoners can apply for

reconsideration of prisoner transfer 3 years after the original

refusal.

56.Under cross examination Ms Royce confirmed the Chief of Transfer

makes recommendations to the signatory authority which are

usually granted. In this case, it will be Ms Woolf who will make the

decision if a request for transfer is made. A prisoner can make a

request for transfer within 8- 12 weeks of arrival at their federal

prison.

57. A district judge makes the decision about a financial order for

restitution. A probation officer undertakes a financial investigation

of the defendant but she was unsure what this would involve for a

foreign national and was not sure how the representations are

weighed when the defendant is a foreign national. There have been

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cases where transfer has occurred without a financial order for

restitution being in place.

58.Joshua Dratel gave evidence. He is an attorney of the State of

New York and has been practicing criminal defence law since

admission to the Bar in 1982. He is a Senior Fellow for Legal

Research at Fordham University Law School Centre on National

Security. Since 1988 he has been a member of the Criminal Justice

Act panel in the South District of New York and in 2007 represented

a number of detainees in Guantanamo Bay.

59.He has provided three statements dated 26th January 2016, 25th

May 2016 and 27th June 2016 (tabs 9, 10 and 42) which he adopted.

His oral evidence is summarised as follows: Mr Love will not get bail

in the United States because he is not a United States citizen has no

status in the United States.

60.On arrival he will receive medical attention and then be placed in

segregated housing prior to determination of where he will be

placed. His first-hand knowledge from a client, about suicide watch,

will involve Mr Love being put in isolation rather than receiving

treatment. From his experience special inmates watch a potential

suicidal inmate and not medical staff. Inmates will say they are not

suicidal to get out of solitary confinement. Assurances given by the

Unite States authorities are worthless; judges defer to the prison

authorities about mental health issues. There is no policy to stop

mentally ill patients being put into solitary confinement.

61. Mr Love’s sentence could be either consecutive or concurrent but

even with mitigating circumstances he is likely to receive substantial

sentences in three jurisdictions.

62.Under cross examination Mr Dratel said he would defer to Dr

Kucharski’s evidence about what would happen to Mr Love on

return to the United States. Mr Dratel was questioned about

inmates he mentioned in his statement, and gave the example of his

client, Mr Mustafa (Abu Hamza), whose physical disabilities were

not being accommodated within the prison estate.

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63.The statistics quoted in his statements about suicide rates in BOP

facilities has fluctuated over the years; he was unaware if this was

because of the way either the data had been gathered or if here was

better reporting.

64.He agreed that there was nothing technically wrong in prosecutions

being brought in three jurisdictions but it was unusual, given it

would be easy to establish jurisdiction in a federal court based on

the electronic evidence. Mr Love can apply for the cases to be heard

in one jurisdiction, and it will be for the prosecutor to agree joinder.

65.When asked if there was anything wrong in the prosecution asking

for a sentence within an applicable sentence range, Mr Dratel said it

is the norm for a prosecutor to suggest a judge goes outside the

Guideline. He said 97% of cases which fall below the guideline

arising in fast track cases and do not relate to family considerations.

In his experience he has never seen the Government support a

departure in cases other than in fast track cases.

66.If this case is run on the basis that Mr Love acted out of

conscience/necessity the judge will follow the law. Three

jurisdictions mean “three bites of the apple” and gives the

Government a significant advantage. A judge can increase a

sentence by imposing consecutive sentences. Sentences imposed

within the guidelines are presumed reasonable.

67.Zachary Katznelson gave evidence via Scopia. He is a lawyer of

16 years’ experience in the United States and was called to the Bar in

the United Kingdom in 2012. He was formerly Senior Counsel and

then Legal Director of Reprieve. He has provided two statements

dated 26th January 2016 and 25th May 2016 (tabs 11 and 12). He

adopted his statements and his oral evidence can be summarised as

follows: He has been conducting research into prison conditions for

10 1⁄2 years. His experience is current.

68.Under cross examination he said it is rare for a judge to depart from

the sentencing guideline on mental health grounds unless the

Government requests such a departure. A judge may be persuaded

to go to the lower range of the guidelines rather than the upper

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range. A prosecutor will only charge all crimes they believe they can

prove. If there is a plea to some crimes, the guideline will be based

on the most serious offence. The guideline sentence is unlikely to

change even if a defendant pleads guilty. If all matters fell to be

sentenced in one jurisdiction, a defendant could be sentenced on a

concurrent basis.

69.A number of cases in which low sentences were passed were put to

Mr Katznelson. He could not comment on some as he was

unfamiliar with them and said he was not inflating the sentence Mr

Love is likely to face. Less than 1% of cases have resulted in judges

departing from the sentencing guidelines due to mental health

issues, but a judge has the discretion to do so.

70.Grace North gave evidence over Scopia. She works in “Starbucks”

but identified herself in her oral evidence as a full time prison

worker. She said she knew Jeremy Hammond as a friend. He was

recently put into solitary confinement because of an error in which

contraband was found in a postcard in his possession. Telephone

contact is limited and e mails can take time being received but there

is no restriction in sending e mails. She said her strong opinions

may be coloured by her friendship with Jeremy Hammond.

71. Marlo Caddedu gave evidence over Scopia. She is a lawyer and

prepared a statement dated 24th December 2015 (tab 29). She said

the rules in the United States provide for Counsel to see a client but

in reality it is difficult. She also gave evidence about clients being

able to access digital evidence whilst in custody. In cases where

there is substantial digital evidence the expectation is to undertake a

word search for each document. In practice this is difficult to do

and to provide to clients in custody with electronic discovery. The

Bureau of Prisons do not allow Counsel to take computers into their

facilities resulting in documents having to be printed off.

72. She commented on that the case of Mr Budovsky (referred to in the

prosecutors’ statement at para 24, tab 32) was extremely unusual, in

which pre-trial documents were downloaded onto individual hard

drives and a laptop was made available for him to use in prison. A

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court could agree that laptops are brought into a prison but there

are no protocols governing this.

73. Kevin Gallagher gave evidence on Scopia. He is a computer

systems administrator, writer and activist. He has provided one

undated statement (tab 31). He is Mr Barratt Brown’s public

advocate, in the United States and was involved in getting media

attention for his case and raising money for his defence. He was not

surprised when Mr Brown pleaded guilty because the offence he was

originally charged with could have resulted in him going to prison

for 100 years. Since 2014 he has had some interaction with Mr Love

on line.

74.Tor Ekeland gave evidence in person. He is Mr Love’s United

States Counsel and is admitted in the New York State and several

Federal courts. He regularly defends individuals charged under the

Computer Fraud and Abuse Act in both criminal and civil cases. His

two statements dated 26th January 2016 (tab 13) and 23rd May 2016

(tab 14) deal with United States Federal prosecutions and the

possible effects on Mr Love’s liberty and wellbeing before, during

and after trial. He told the court that the alleged £13 million loss

incurred by the victims of the alleged crimes would be included in

the sentencing range and on that figure the sentence would be

categorised into the 188 -121 month range. The Guidelines are not

mandatory however judges follow them. Under cross examination

he said the loss in this case relates to the intrusion of the activity.

The civil standard is used at a sentencing hearing. He agrees with

Mr Dratel’s evidence and said the sentencing guidelines are

inherently irrational.

FINDINGS OF FACT (NOT FORUM)

75. It has been accepted by Mr Caldwell on behalf of the Government

that Mr Love suffers from Asperger Syndrome (AS) although the

nature and degree was challenged. It is clear from Professor Baron- Cohen’s evidence, which I accept, that Mr Love is high functioning,

has the capacity to participate in a trial and give instructions to his

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lawyers. He does not have AS in combination with learning

difficulties, attention deficit and language. His AS is a “very severe

disability because it causes him to become so absorbed in his

interests that he neglects important areas of his life, such as his

studies, and even his health” (Professor Baron-Cohen, 7th December

2015, tab 4, page 3, para 7).

76.It is also clear from the evidence, and from seeing Mr Love in court,

that he is highly intelligent and articulate. Professor Kopleman also

comments his “thinking processes are generally excellent” (tab 7,

page 14, para 7(iii)).

77. It is not disputed that Mr Love suffers from eczema, which he has

had since birth, and which is a partly stress related physical

condition exacerbated by his mental health issues (Professor Baron- Cohen, tab 5, page 2, para 4). I have no doubt this causes him

severe problems given the evidence from his GP and Mr Love’s own

vivid evidence of his daily hygiene routines and his constant urge to

scratch. It is not disputed he suffers from asthma.

78.Dr Kopleman’s reports and oral evidence outlined Mr Love’s past

psychiatric history and depression, which started in 2004. Mr Love

also gave evidence about this. I find Mr Love has suffered from

depression in the past and it has got worse since these proceedings

began. However I also find that in the past he has not continued to

take medication prescribed that could help him with his depression.

Dr Kopleman also said more could be done for his depression and

suggested he saw an expert in AS and a psychiatrist; his symptoms

could be managed by taking antidepressants. In his report dated

26th May 2016, he said, “Mr Love has proved very reluctant to

engage in psychiatric or psychological treatment in the UK” (tab 8,

page 6, para 2).

79. There have not been any incidents of self-harm in the past but I

accept Mr Love has experienced suicidal thoughts intermittently,

both in the past and now. Mr Love denied any suggestion that he

had exaggerated his symptoms and his suicide risk which I accept

given the medical evidence.

Page 19 of 32

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20

80.I also accept Professor Baron-Cohen and Professor Kopleman’s

evidence that he would attempt suicide before extradition to the

United States. Both are of the opinion he would be at high risk of

suicide. I accept Professor Baron-Cohen’s oral evidence that Mr

Love’s intention is not a reflection of a voluntary plan or act but due

to his mental health being dependant on him being at home with his

parents and not being detained for an indefinite period.

81. I accept the evidence of Mr Panepinto (tab 34) who is employed by

the United States Department of Justice, United States Marshals

Services, about Mr Love’s transfer to the US being undertaken by

the United States Marshals. They routinely transport prisoner with

medical/mental health conditions including those at high risk of

suicide (page 2, para 9) and I am satisfied any risk in transit can be

ameliorated by appropriate arrangements being in place to prevent

suicide.

82.I heard evidence about prison conditions and what the United

States will do to mitigate Mr Love’s suicidal ideology, and about the

regime for those inmates suffering from mental health issues and, in

particular, suicide risk. I read and heard evidence from Mr Dratel, a

United States defence lawyer, who gave general evidence about pre- trial detention facilities in the US and the medical care available to

such inmates. He deferred to Dr Kucharski’s evidence that Mr Love

would be placed on suicide watch. Dr Kucharski has been a forensic

psychologist for 30 years and worked for the Bureau of Prisons. I

accept he is an experienced clinician and I accept his evidence that

Mr Love would be screened as soon as he was admitted into prison,

with acutely suicidal inmates being placed on suicide watch; this

will happen to Mr Love. He also said “no one commits suicide on

suicide watch”. However I find the United States can deal with

suicide risks and provisions for prisoners with complex mental

health and physical needs given I accept the evidence of Dr Lyn, the

current Psychology Services Branch Administrator of the Federal

Bureau of Prisons, about the facilities provided the BOP both on

arrival and thereafter. Once in the United States Mr Love will be

Page 20 of 32

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21

screened within 24 hours and an assessment made of his imminent

risk of self-harm. Each psychology department has a full range of

services including psychological assessment and suicide risk

assessment. If he is found guilty Mr Love will be assessed as to

which designated facility he should be sent to and, when one has

been found, Mr Love will be screened by medical and mental health

professionals on arrival. The BOP can provide medical care for

inmates with eczema and asthma. In respect of Mr Love’s diagnosis

of AS, he will be assigned various workers and a psychology service.

The BOP’s Suicide Prevention Programme provides that if a

psychologist determines an inmate has an imminent potential for

suicide, he will be placed under supervision which involves the

prisoner wearing a tear resistant gown and tear resistant blanket. In

her statement dated 9th June 2016 Dr Lyn confirms that, as part of

the Suicide Prevention Programme, group and individual

counselling services are available for all BOP inmates considered

suicide risks (tab 37, para 3) and, although inmates are not

ordinarily permitted to use their own physicians or other healthcare

providers, any request for an inmate to be examined by a specific

physician will be considered by the Warden and Regional Director

and Medical Director (para 4).

83.I find there is nothing either unlawful or improper in proceedings

being undertaken in three jurisdictions in the United States. The law

enforcement agencies and prosecutors in the districts all started

separate investigations at different times given the criminal activity

happened in a number of districts. I accept such decisions have

been made in good faith (Combined Affidavit (undated) of Nicholas

P Grippo, Christian Everdell, Jay Prabhu and Ryan Dickey, tab 32,

paras 25-33). In fact Mr Love can request the cases are heard in one

jurisdiction, subject to the approval of the attorneys in the districts

(as above, para 29, footnote 5). Mr Dratel also accepted there is

“nothing technically wrong in prosecutions being brought in three

jurisdictions but it was unusual”.

Page 21 of 32

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22

84.I also find that the United States authorities provide adequate trial

preparations for defendants. I accept the evidence set out in the

prosecutors’ Affidavit that Mr Love will be afforded reasonable

opportunity for private consultation with his Counsel; he can apply

to be temporarily released from custody for the necessary

preparation of his case (which could mean being taking to an

interview room where he can meet his lawyer and review any

electronic evidence); various methods can be employed including

placing discovery on a stand-alone computer for him or to take him

to a United States Attorney’s Office to review the evidence

(prosecutor’s statement, tab 32, pages 10 -11, paras 21-23).

85.I was taken through the United States Sentencing Guidelines

(“USSG”) by a number of witnesses. There was no dispute between

them as to the sentence Mr Love might receive. There was also no

dispute that, as a matter of law, the USSG are not mandatory but

permit a sentencing judge the discretion to depart from a sentencing

range and move up and down the guideline. The Government

acknowledges Mr Love could receive numerous sentencing

enhancements under the Guidelines (as above, page 2, para 5) and

each district court could impose consecutive sentences to any other

term of imprisonment imposed in other districts but “under the

circumstances present in this matter, the Guideline counsel courts

to impose concurrent sentences” (as above, page 5, para 11). I also

find that if Mr Love pleads guilty upon his arrival in the United

States, or if he is convicted and pleads guilty to other matters

outstanding in another district, he could have his cases remitted to

one court for sentence (as above, page 15 footnote 5).

86.In Ms Royce gave evidence about prisoner transfer after conviction

and I read Ms Wolff’s statements on behalf of the Government. Ms

Wolff has been Chief of the International Prisoner Transfer Unit for

16 years. Ms Royce relied on statements made in 2007. In her oral

evidence Ms Royce told of two cases she has been involved with in

2016 in which both were denied transfer to the United Kingdom.

She did not say why. She said the court would make a decision about

Page 22 of 32

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23

the financial means of an applicant but was unsure what financial

investigation could be undertaken for a foreign national. Restitution

played a part in the decision for transfer. Any request made for

transfer would be sent to Ms Wolff. In her affidavit Ms Wolff

confirmed there is a transfer treaty with the United Kingdom.

Guidelines have been published setting out the evaluation of

transfer applications. Outstanding financial obligations do not

amount to an automatic bar to transfer, the ability of a prisoner to

pay and the views of the victims are taken into account (tab 36, para

7). I accept her evidence given she has been the current Chief of the

International Prison Transfer Unit. An agreement between the

United States and United Kingdom exists, a procedure exists for an

application to be made and a number of factors are taken into

account in deciding a prisoner transfer, which was not dependant

on, or primarily based on, the prosecutor’s views of restitution,

contrary to Ms Royce’s evidence.

FINDINGS AND DECISIONS ON THE ISSUES RAISED

SECTION 83A – FORUM

87.I have read the submissions from the parties and heard from them

in which they expanded their submissions. I have read the cases of

Dibden v France [2014] EWHC 3074 and Shaw v America

[2014] EWHC 465 (Admin) c0ntained in the bundle of

authorities (tabs 2 and 3).

88.In Shaw, Aitkens LJ emphasised two important considerations in

connection with the Section 83A (3) factors namely, the court has to

bear in mind each of the specified matters individually (and not any

others) and it may be that one factor is irrelevant or not present or

of little weight or of great importance (paras 40-41). The question is

whether it is in the interests of justice there should not be an

extradition to a requesting state. In every case the court will be

engaged in a fact specific exercise.

Page 23 of 32

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24

89.It is accepted the threshold requirement in section 83A (2) (a) is

satisfied because a substantial measure of Mr Love’s relevant

activity was performed in the United Kingdom.

90.Mr Cooper asked me to look outside the sequence of the Act and put

that which he says is the most important consideration first,

namely, Mr Love’s connection to the United Kingdom and to give it

the most weight. I will deal with the specified factors in the order in

which they appear in the section:

(a) the place where most of the loss or harm resulting from the

extradition offence occurred or was intended to occur: Most, if not

all, of the loss or harm resulting from Mr Love’s conduct occurred in

the United States as he is accused of stealing confidential

information belonging to individuals (including credit card details)

from US government computers and private companies. In my view

the harm is the stealing of that information with the potential illegal

use of the same, irrespective of where or not Mr Love did this for

financial gain. It appears he targeted the United States departments

and companies as part of his “hactivisim” and political activity

(b) the interests of any victims of the extradition offence: The

victims are the companies and government departments who had

their computers hacked into resulting in millions of dollars’ worth of

damage. There are also individual victims, those whose personal

details were stolen. In this case, the US are of the view that “none of

the victims of Love’s alleged crimes have an interest in this matter

being prosecuted in the United Kingdom” (Prosecutors statement,

as above, tab 32, page 18, para b). I do not accept Mr Cooper’s

submissions that the interests of the victims may not be served with

a prosecution in the United States given Dr Kopleman’s evidence

that Mr Love may not be fit to stand trial. That is conjecture at this

stage. Dr Kopleman’s exact evidence was any refusal of bail is likely

to cause a worsening of Mr Love’s clinical depression but it was

difficult to anticipate if this would affect him and whether he would

be fit to stand trial.

Page 24 of 32

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25

(c) any belief of a prosecutor that the United Kingdom, or a

particular part of the United Kingdom, is not the most appropriate

jurisdiction in which to prosecute D in respect of the conduct

constituting the extradition offence: The Crown Prosecution Service

is silent in this case and I agree with Mr Caldwell’s submission that

the absence of a prosecutor’s belief adds nothing to the decision

under the interests of justice test and therefore this specified matter

is neutral.

(d) were D to be prosecuted in a part of the United Kingdom for an

offence that corresponds to the extradition offence, whether

evidence necessary to prove the offence is or could be made

available in the United Kingdom: I agree, as did Mr Caldwell for the

Government that, in this digital age, evidence to prove the offence in

the United Kingdom is available or could be made available.

However, as already stated there are witnesses who will be required

to give evidence. One is the anonymous informant. It is unknown at

this time whether he would assist in any prosecution in the United

Kingdom and he may not be a compellable witness in the United

Kingdom. The Government has said it will call each of the victim

organisations, law enforcement officers, forensic evidence and some

individual victims whose personal information was stolen. The

prosecutor’s point out that it would be “substantially difficult to

make available to the United Kingdom all of the evidence necessary

to prosecute Love, particularly the witnesses the United States

anticipates calling at trail” (Prosecutors statement, tab 32, page 19).

(e) any delay that might result from proceeding in one jurisdiction

rather than another: It was submitted that a prosecution In the

United Kingdom was likely to be quicker than in the United States

given the involvement of the NCA in the case and they would be at

an advanced stage of readiness for trial. The latter suggestion is

speculation, because, apart from the NCA executing a search

warrant at Mr Love’s home address and seizing a number of

computers, some of which they could access, some they could not. I

do not have any other evidence as to any stage of readiness. In

Page 25 of 32

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26

contrast, the proceedings in the United States have started, evidence

has been obtained in three jurisdictions resulting in three Grand

Juries issuing Indictments. The United States prosecutors’

statement confirms that Mr Love has the right to be tried within 70

days following his first court appearance, unless he waives the same,

and, if he is tried in three separate districts, the same time limit

applies. (tab 32, para 70). I have also found there is nothing

procedurally incorrect in three districts wanting to prosecute Mr

Love. Mr Love could also apply for all his cases to be heard under

one jurisdiction (certainly for the conspiracy charges) which would

reduce delay (as above, para 2).

(f) the desirability and practicability of all prosecutions relating to

the extradition offence taking place in one jurisdiction, having

regard (“in particular”) to – (i) the jurisdictions in which witnesses,

co-defendants and other suspects are located, and (ii) the

practicability of the evidence of such persons being given in the

United Kingdom or in jurisdictions outside the United Kingdom:

There are no co-defendants. There are over twenty witnesses, all of

whom are in the United States. The digital evidence could be given

in the United Kingdom but the witnesses reside in the United States

and as a matter of desirability and practicality it is easier for them to

give evidence in the United States.

(g) D’s connection with the United Kingdom: Undoubtedly all Mr

Love’s connections are in the United Kingdom. He is a single man

with no dependants. He is a United Kingdom citizen and lives with

his parents. He is studying, teaching and working in the United

Kingdom. Mr Love has been diagnosed with AS. He also suffers

from depression, eczema and asthma. He has the support and

stability of his family. The experts agree Mr Love would be at a

severe risk of suicide if extradited to the United States. In my view

the submission that a defendant’s connection to the United

Kingdom proved decisive in ensuring other United Kingdom

hackers were prosecuted in the United Kingdom is not relevant to

Mr Love’s personal connections with the United Kingdom.

Page 26 of 32

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27

91. I accept Mr Love’s connections to the United Kingdom include his

own personal circumstances, his health and his support network,

and not merely his connection to the State, as submitted by Mr

Caldwell. Some of the evidence in this case is transportable but, in

my assessment, those factors do not outweigh the facts that the

conduct occurred in the United States, all the victims are in the

United States, their interests are best served with the case being

heard in the United States and any delay is not known because I do

not have any evidence as to how far any investigation has taken in

the United Kingdom. What I do know is that evidence has been

produced by the United States resulting in three Indictments being

issued by three Grand Juries.

92.It is the interests of justice for the case to be tired in the United

States and for this reason the forum bar fails.

SECTION 91 AND SECTION 87 – ARTICLE 3

93.I will deal with these issues together as the submissions are broadly

the same.

94.Under section 91 a Requested Person has the burden of proving

that, because of his physical or mental condition, it would be unjust

or oppressive to extradite him.

95.Article 3 provides that no-one shall be subjected to torture or

inhuman and degrading treatment or punishment. This is absolute

and prohibits extradition if there are substantial grounds for

believing that there is a real risk of treatment which violates Article

3. The burden is on the Requested Person to bring clear and cogent

evidence to show there are substantial grounds for believing that if

extradited, the person faces a real risk of either being killed or being

subjected to torture or to inhuman or degrading treatment.

96.I have been referred to a number of cases set out in the Authorities

Bundle. I have, in particular, considered the cases of Turner v

Government of the United States [2012] EWC 2426, and Polish

Judicial Authority v Wolkowicz [2013] EWHC 102

(Admin). In the case of Turner Aikens LJ summarised the

Page 27 of 32

Page 28 of 32

28

propositions derived from a number of previous cases that dealt

with the question as to whether the mental condition of a Requested

Person who poses a substantial risk of suicide amounts to his

extradition being unjust or oppressive or in breach of Article 3 (para

28). A high threshold has to be reached to satisfy the court that Mr

Love’s mental condition is such that it would be unjust or oppressive

to extradite him. As I have already found (para 79-81 above) I am

satisfied that there is a substantial risk Mr Love will commit suicide.

The evidence of Professor Baron-Cohen and Professor Kopleman is

clear; Mr Love’s mental condition is such that it removes his

capacity to resist the impulse to commit suicide. There will be a

high risk he will commit suicide if extradited. This will be prior to

removal, in transit and on arrival in the United States. Professor

Baron-Cohen warns that to dismiss this would be “a fantasy” (para

28 above). The key issue then is what measures are in place to

prevent any attempt at suicide being successful. In the United

Kingdom that risk would be lessened if Mr Love were on bail and

with his parents. If is custody I have heard of the holistic approach

of the United Kingdom prison system from the Reverend Love.

97. On transfer to the United States, Stephen Panepinto, the Deputy

Chief of the International Investigations Branch Investigative

Operations Division, states the United States Marshals Service will

be responsible for Mr Love’s transfer (statement dated 20th April

2016, tab 34). They routinely transport prisoners with medical

and/or health concerns (para 9). He sets out the procedure to be

adopted prior to his transfer and if deemed necessary a member of

the Medical Support Unit of the USMS could accompany Mr Love

during the flight. Medical records and the psychiatric assessments

should be given to those who have to accompany Mr Love during

transfer. I have found these safeguards are in place to ensure Mr

Love does not commit suicide in transit (para 82 above).

98.On arrival in the United States I have also found there are

arrangements in place to prevent suicide (para 83). I have carefully

considered the evidence of Dr Kucharski and Mr Dratel about what

Page 28 of 32

Page 29 of 32

29

will happen to Mr Love once he is in the United States and from the

Government and find that, despite the differences in the approaches

of the United States and United Kingdom to prisoners who are

exhibiting suicidal ideology, the preventative measure in place in

the United States are effective in preventing suicides.

99.I am also satisfied that Mr Love will receive dedicated mental and

physical health care in the United States, as set out in the

comprehensive report of Dr Lyn (tab 33) which I accept (at para 83

above). Such care will be available to Mr Love during the currency

of his incarceration.

100. I have not been provided with assurances, something raised by

Mr Cooper. I do not agree with his submission that absent such

assurances Mr Love faces a real risk of being suicide to and

inhuman and disproportionate punishment prohibited by Article 3

given my findings regarding the health and mental health care Mr

Love will receive in the United States. I have been told of the

maximum sentences available and the likely sentence in Mr Love’s

cases by Mr Ekeland. Certainly the sentencing regime is harsher in

the United States than in the United Kingdom for equivalent

offences but a number of factors can be taken into consideration at

sentencing, as set out in the evidence contained in the prosecutor’s

affidavit, including the court having the discretion to depart from a

sentencing range. The mental health of the defendant may be

relevant in this process. Each district has a discretion to impose a

consecutive terms to other terms of imprisonment against him (tab

32, para 11). It is for the Requesting State to set its own sentencing

policy unless it is disproportionate which, for the reasons stated, I

do not find it to be.

101. Mr Love has not shown it will be either unjust or oppressive to

extradite and there will be a real risk to Mr Love of being severely

ill-treated in a manner sufficiently severe to engage Article 3 for the

reasons given above.

102. The challenges under section 91 and Article 3 fail.

Page 29 of 32

Page 30 of 32

30

SECTION 87 – ARTICLE 6

103. Article 6 safeguards the right to a fair trial. The burden is on Mr

Love to show there are substantial grounds for believing that there

is a real risk of a flagrant denial of this right if extradited. It is

submitted Mr Love faces a real risk of a flagrant denial of his Article

6 right to a fair trial because access to his lawyer will be curtailed, he

will have difficulties in reviewing the evidence because computers

are not allowed into detention facilities. Ms Caddedu’s evidence is

that in such situations lawyers may have to print off documents for

defendants.

104. The evidence from the United States differs. I accept the

evidence form the Government (as set out in para 85 above) which

details the procedures in place to allow defendants to have access to

computers and/or disclosure and confidential facilities to see and

instruct lawyers.

105. Accordingly Mr Love’s challenge under article 6 fails.

SECTION 87 – ARTICLE 8

106. Article 8 provides that everyone has a right to respect for his

private and family life, his home and his correspondence.

107. In considering the evidence under article 8 I have had regard to

the principles in the context of extradition procedures as set out in

Norris v Government of the United States (no2) [2010]

UKSC 9 and HH v Italy [2012] UKSC 25.

108. The case of Polish Judicial Authorities v Celinski and

Ors [2015] EWHC 1274 (Admin) sets of the approach the court

has to take in respect to article 8 cases. In applying the “balance

sheet” approach recommended in Celinski I have to look at the

factors in favour of Mr Love’s extradition and those factors against.

Factors in favour of extradition

109. There is a strong public interest that the United Kingdom should

honour its extradition treaty obligations with other countries.

Page 30 of 32

Page 31 of 32

31

110. The offences for which Mr Love is sought are serious, they were

committed over three districts in the United States over a period of

one year.

111. Mr Love targeted computers in the United States.

112. Millions of dollars’ worth of damage was caused by hacking into

the computers and employee’s personal details were stolen.

113. It was submitted by Mr Caldwell that the United States has a

proven track record of managing vulnerable persons whose

extradition has been ordered by the United Kingdom. The United

States authorities are able to meet Mr Love’s medical and personal

needs.

Factors against extradition

114. Mr Love is a United Kingdom national and is 32 years of age

(dob: 14.12.1984). He is a single man who lives with his parents. He

suffers from Asperger Syndrome, depression, eczema and asthma.

115. He is at high risk of committing suicide if extradited due to his

mental health. He has suffered from eczema since birth and the

condition is exacerbated at times of stress and anxiety. He

undertakes a daily hygiene regime, uses creams and steroids to treat

the condition, takes medication and sees his GP regularly.

116. He is not currently taking antidepressants for his depression.

117. It was submitted that suicide prevention in United States prisons

would exacerbate rather than ameliorate Mr Love’s suicide risk, he

is likely to spend a significant amount of time in solitary

confinement and he would be isolated from his family which would

elevate such a risk.

118. It was also submitted his AS would not be treated properly in the

US.

119. The length of sentence he is likely to face.

120. Mr Love is of good character and is working and studying.

Decision

Page 31 of 32

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32

121. Mr Love’s Article 8 rights are clearly engaged. In balancing the

factors for and against extradition I am satisfied that the very strong

counter balancing factors required to find extradition would be

disproportionate are not found in this case. Mr Love faces extremely

serious charges for offences of computer hacking over a period of

one year from October 2012 to October 2013. I accept Mr Love

suffers from both physical and mental health issues but I have found

the medical facilities in the United States prison estate on arrival

and during any sentence if he is convicted available to him, are such

that I can be satisfied his needs will be comprehensively met by the

US authorities.

122. I am satisfied Mr Love’s extradition would be compatible with

his Convention rights and I send this case to the Secretary of State

for her decision as to whether or not Mr Love should be extradited.

District Judge (Magistrates’ Court) N Tempia

16th September 2016

Page 32 of 32

usa-v-love-judgment-1.pdf

[ENDS]

VIDEOS:

Lauri Love speaks to BBC Newsnight about the TalkTalk hack – YouTube

https://www.youtube.com/watch?v=TCeQ63teBnM

23 Oct 2015 – Uploaded by David Thefan

Lauri Love speaks to BBC Newsnight about the TalkTalk hack …. The daddy is going to love his new pet, he’s …

Lauri Love speaks to BBC Newsnight – YouTube

https://www.youtube.com/watch?v=K10LBI9iOHE
28 Feb 2016 – Uploaded by The Truth Machine

Lauri Love speaks about the recent TalkTalk hack on BBC Newsnight.

FreeLauri #NoLOVE4USGov – Lauri Love – No Extradition … – YouTube

https://www.youtube.com/watch?v=DPZa6iAoJIg
14 Aug 2016 – Uploaded by Wesley Hall

Alleged Brit hacker Lauri Love, who is accused of compromising US government servers and faces extradition …

~~Anonymous Message to Lauri Love~~ – YouTube

https://www.youtube.com/watch?v=OMIiPTbU088
25 Jun 2016 – Uploaded by Pontifex Maximus

~~Anonymous Message to Lauri Love~~ … EXCLUSIVE: British hacker Lauri Love fears 99yr US …

lauri love channel 4 news – YouTube

https://www.youtube.com/watch?v=b-KkgkFLSFY
28 Dec 2015 – Uploaded by 1anonymous.com

Lauri Love on channel 4 news discussing investigatory powers bill and the implications it will have on the …

Anonymous UK – Lauri Love Facing Extradition … – YouTube

https://www.youtube.com/watch?v=RMcYE6YADRs
2 Aug 2016 – Uploaded by 2456Carl

A re-Upload of video by Wesley P P Hall Full text available from https://www.facebook.com/homesnotbanks

UK ‘hacker’ Lauri Love fears death in US prison – YouTube

https://www.youtube.com/watch?v=GhQi9uKYPIw
6 Sep 2016 – Uploaded by News Oversea

Subscible to our channel to get news everyday : https://goo.gl/04rKAh Follow us on twitter : https://twitter.com

Anonymous Message to Save Lauri Love from Extradition – YouTube

https://www.youtube.com/watch?v=qYG5b-AEd7A
2 Aug 2016 – Uploaded by Fearless One

Dr. Les Sachs, a whistle-blower from USA, author and most educated man in America (before he had to flee for …

Anonymous – Lauri Love – Extradition #FreeLauri – YouTube

https://www.youtube.com/watch?v=me8KlhTl4uA
3 Jul 2016 – Uploaded by 2456Carl

A British activist and alleged hacker has told a court he fears he will take his own life if he is extradited to the …

Free Lauri Love – freelauri.com – #NoLove4USGov – YouTube

https://www.youtube.com/watch?v=KLiGbarL4y0
15 Jul 2016 – Uploaded by Wesley Hall

Alleged Brit hacker Lauri Love, who is accused of compromising US government servers and faces extradition …

About butlincat

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