THE 2003 EXTRADITION ACT MINISTER EMAILS

DATE: Mon 08/10/2007 14:29
FROM: Doreen.Nisbet@scottish.parliament.uk; on behalf of; Hugh.O'Donnell.MSP@scottish.parliament.uk
TO: brian.howes@bargainimportsuk.co.uk
SUBJECT: FW: Howes, B (The 2003 Extradition Act. Totally Unfair! The UK the 51st State of America. Please Respond.)

Dear Mr Howes

I have been reading up on the UK Extradition legislation, which is very complicated but which, by my understanding, does devolve to Scottish Ministers certain powers in relation to how extradition is carried out. As your case is now a matter of legal proceedings I will not be able to get a Ministerial view on your specific situation, but I suggest you raise the matter with your solicitor and I enclose a link which gives some information about the thinking behind the most recent relevant legislation (http://www.scotland.gov.uk/Topics/Government/Sewel/Extradition).

I hope circumstances improve for you.

Hugh O’Donnell MSP

Central Scotland
0131 348 5796

-----Original Message-----
From: Nisbet DJ (Doreen) On Behalf Of O'Donnell H (Hugh), MSP
Sent: Thursday, September 20, 2007 2:37 PM
To: 'Brian Howes'
Subject: Howes, B (The 2003 Extradition Act. Totally Unfair! The UK the 51st State of America. Please Respond.)

Dear Mr Howes

I am sorry to hear about your very difficult situation. I think, however, that the issue of extradition is a reserved matter and that your MP rather than your MSPs are those responsible for making representations on your behalf. Have you contacted Michael Connarty, your MP?

I will, however, look into the question of whether the Scottish Parliament has any role in relation to the issue and will get back to you.

Yours sincerely

Hugh O'Donnell MSP

Central Scotland
0131 348 5795

-----Original Message-----
From: Brian Howes [mailto:brian.howes@bargainimportsuk.co.uk]
Sent: Tuesday, September 18, 2007 8:22 PM
To: O'Donnell H (Hugh), MSP
Cc: David Lister
Subject: The 2003 Extradition Act. Totally Unfair! The UK the 51st State of America. Please Respond.

Hello Mr O'Donnell.

My name is Brian Howes and it was recommended to me to request your help in an extradition matter. Please respond if you can.

Regards

Brian Howes.

-------Original Message-------

From: Robert.Brown.msp@scottish.parliament.uk

Date: 17/09/2007 23:10:49

To: brian.howes@bargainimportsuk.co.uk

Subject: RE: The 2003 Extradition Act. Totally Unfair! The UK the 51st State of America. Please Respond.

Dear Mr. Howes and Miss Shanks,

Thank you for your letter from which I am sorry to hear of your predicament. I think, however, that, as you live in Bo'ness which is not in my constituency, it would be appropriate to pass the matter to my Liberal Democrat colleague Hugh O'Donnell MSP ho is your Regional MSP, to take forward.

best wishes,

Robert Brown MSP

________________________________

From: Brian Howes [mailto:brian.howes@bargainimportsuk.co.uk]

Sent: Sun 16/09/2007 22:57

To: Ingram A (Adam), MSP; Campbell AE (Aileen), MSP; Allan A (Alasdair), MSP; Morgan A (Alasdair), MSP; Neil A (Alex), MSP; Salmond A (Alex), MSP; McInnes A (Alison) MSP; Welsh A (Andrew), MSP; Constance A (Angela), MSP; Ahmad B (Bashir), MSP; Kidd B (Bill), MSP; Wilson B (Bill), MSP; Doris B (Bob), MSP; Adam B (Brian), MSP; Crawford B (Bruce), MSP; McKelvie C (Christina), MSP; Grahame C (Christine), MSP; Harvie C (Christopher), MSP; Thompson D (Dave), MSP; David Lister; Editor; Editor; Ewing F (Fergus), MSP; Hyslop F (Fiona), MSP; Paterson G (Gil), MSP; Graeme McAulay; O'Donnell H (Hugh), MSP; McKee I (Ian) MSP; Hepburn J (Jamie), MSP; Stone J (Jamie), MSP; Purvis J (Jeremy), MSP; Hume J (Jim) MSP; Mather J (Jim), MSP; Tolson J (Jim), MSP; FitzPatrick J (Joe), MSP; Munro J (John), MSP; Swinney J (John), MSP; Wilson J (John), MSP; Brown KJ (Keith), MSP; Gibson K (Kenneth), MSP; MacAskill K (Kenny), MSP; McArthur L (Liam), MSP; Fabiani L (Linda), MSP; Smith M (Margaret), MSP; Mulligan M (Mary), MSP; Watt M (Maureen), MSP; Matheson M (Michael), MSP; Russell MW (Michael), MSP; Pringle M (Mike), MSP; Rumbles M (Mike), MSP; Stephen N (Nicol), MSP; Sturgeon N (Nicola), MSP; Don N (Nigel), MSP; Harvie P (Patrick), MSP; Lochhead R (Richard), MSP; Gibson R (Rob), MSP; Brown R (Robert), MSP; Harper R (Robin), MSP; Cunningham R (Roseanna), MSP; White S (Sandra), MSP; Robison S (Shona), MSP; Tymkewycz S (Stefan), MSP; Maxwell S (Stewart), MSP; Stevenson S (Stewart), MSP; McMillan SM (Stuart), MSP; Scott T (Tavish), MSP; Marwick T (Tricia), MSP; Coffey W (Willie), MSP

Subject: The 2003 Extradition Act. Totally Unfair! The UK the 51st State of America. Please Respond.

To all Ministers of Scotland.

My name is Brian Howes I live in Bo'ness with my 4 young children Leela age 1, Ellie age 4, Bethaney age 8 and Denni age 10 and my partner Kerry-Ann Shanks.

Until January 30 2007 I was the director of a chemicals company selling chemicals for pyrotechnic use and some chemicals for medical use. Advice was taken before selling any of the chemicals we sold from legal firms. Hugh Neilson of Harper McLeod in Glasgow said we were not breaking any laws. and I was also working with special branch when suspicious purchases were made. I also worked with trading standards and the police at times and was registered with the home office.

On the 30th of January this year my children's lives and the lives of our families were turned upside down. My partner and I were arrested and then remanded in custody on false information and on no evidence of any crime. If you do not already know then I will explain the 2003 extradition act does not take into consideration evidence so it does not matter how innocent you are that does not matter to the court.

We have not been charged or questioned and spent from January 30 to August 31st away from our children. Our children have suffered and now we face extradition to the USA for selling chemicals which are completely legal in the UK. We did everything we could to make sure we were not breaking any laws and there is no charges in the UK. How can we fight Extradition when the conclusion seems to have already been decided against us?

We have no criminal records yet have already spent 7 months in prison. If we are extradited to the USA there is no chance of the trial being started for up to two to three Years while we would be in prison again. We have grave doubts about the extradition process which allows UK citizens' to be sent to other countries without any evidence.

The amount of time our children have lost with their parents cannot be replaced. Our house is about to be taken by the Building Society which is the least of our worries and we feel that something should be done to stop or help us with the process we are in through no fault of our own.

Does the SNP party support the 2003 Extradition act?

Does the SNP party feel that Scottish citizens' should be allowed to be sent to the USA or any Country without evidence being shown?

I ask the receiver of this email for whatever help you can give.

Brian Howes.

Kerry-Ann Shanks

Bo'ness

West Lothian, .

Scotland.

**********************************************************************

"For latest news and information about all aspects of Parliamentary business, MSPs and our work, visit the Parliament's website at http://www.scottish.parliament.uk/.

For information about how you can visit the Parliament, go to http://www.scottish.parliament.uk/vli/visitingHolyrood/index.htm.

Watch Parliamentary business live at http://www.holyrood.tv/

The information in this e-mail transmission and any files or attachments transmitted with it are strictly confidential and may contain privileged information. It is intended solely for the person or organisation to whom it is addressed and if you are not the intended recipient, you must not copy, distribute, disclose or take any action in reliance on it. If you have received this e-mail in error, please delete it from your computer system and notify the sender as soon as possible.

While this e-mail message and attachments have been swept by the content filter software for the presence of computer viruses, the Scottish Parliamentary Corporate Body does not guarantee that either are virus-free and accepts no liability for damage sustained as a result of a virus. It is the recipient's responsibility to ensure that the onward transmission, opening or use of this message and any attachments will not adversely affect their systems or data or otherwise incur liability in law."

**********************************************************************

Sent: Thu 06/12/2007 14:20
From: Jamie.Hepburn.msp@scottish.parliament.uk
To: brian.howes@bargainimportsuk.co.uk
Subject: RE: Videos http://uk.youtube.com/profile?user=brianhowes390 copy and paste in internet explorer.

Dear Mr Howes,

Thanks for the link. Will try and watch the videos in due course.

You state that you need my help. Can you be more specific please and I will see what can be done.

Yours,

Jamie Hepburn MSP

-----Original Message-----
From: Brian Howes [mailto:brian.howes@bargainimportsuk.co.uk]
Sent: Tuesday, December 04, 2007 3:13 PM
To: Hepburn J (Jamie), MSP
Subject: RE: Videos http://uk.youtube.com/profile?user=brianhowes390 copy and paste in internet explorer.

Hello Mr Hepburn,

Copy and paste the link in to internet explorer.

http://uk.youtube.com/profile?user=brianhowes390

I have contacted several mp’s opposed to the Extradition of citizens without evidence or charge and they have been supportive but I need some help from your good self regarding matters not of the extradition. We need an investigation by the government into the illegal actions of the police and possibly the Lord advocates office.

I need support from your good self in these areas were the authorities behaved illegally and a chief inspector gave our car away and also the blatant lies from PF Dickson to stop us from getting bail.

We have our own investigation ongoing but feel that only an independent enquiry or government enquiry into what has happened will bring out the truth.

This is a matter of grave concern to Scotland to have its citizens not only extradited without evidence but not even given the rights of a criminal. I will be conducting interviews with the BBC and STV within the next few weeks and really need your support.

Thank you for what you done so far and look forward to your reply.

Regards,

Brian Howes.

Kerry-Ann Shanks

Family.

From: Jamie.Hepburn.msp@scottish.parliament.uk [mailto:Jamie.Hepburn.msp@scottish.parliament.uk]
Sent: 04 December 2007 14:38
To: brian.howes@bargainimportsuk.co.uk
Subject: Videos

Dear Mr Howes,

Thanks for sending me links to the videos that you have put up on You Tube. However, I haven't been able to open them. Seems to be a problem with my e-mail opening them.

Yours,
Jamie Hepburn MSP

**********************************************************************

"For latest news and information about all aspects of Parliamentary business, MSPs and our work, visit the Parliament's website at http://www.scottish.parliament.uk/.

For information about how you can visit the Parliament, go to http://www.scottish.parliament.uk/vli/visitingHolyrood/index.htm.

Watch Parliamentary business live at http://www.holyrood.tv/

**********************************************************************

Dated: 2nd December 2007
From: HANNEY, Matthew [HANNEYM@parliament.uk]
To: brian.howes@bargainimportsuk.co.uk
Subject: Extradition of my partner Kerry-Ann Shanks and myself Brian Howes to the USA.

Dear Brian,

Nick Clegg has asked me to thank you for your email to him and reply on his behalf.

I sympathise with the position you and your partner find yourself in.

The Liberal Democrats have consistently opposed the extradition treaty with US and your situation seems another example of why we were right to do so.

However I am afraid that due to strict parliamentary protocol as you are not his constituents Nick cannot act as an advocate for you or your partner.

I would suggest that you and your partner both contact your local MPs and ask them for assistance in you campaign.

I am sorry that we cannot do more to help you.

Kind Regards,

Matthew Hanney

Policy Researcher to Nick Clegg MP

Liberal Democrat Shadow Home Secretary

Tel/Fax: 020 7219 0260

-------- Original Message --------

Subject: Extradition of my partner Kerry-Ann Shanks and myself

Brian

Howes to the USA

Date: Fri, 30 Nov 2007 00:29:56 -0000

From: Brian Howes <brian.howes@bargainimportsuk.co.uk>

To: <nickclegg@sheffieldhallam.org.uk>

Hello Mr Clegg,

My partner and Kerry-Ann Shanks are being extradited to the USA and have

not committed any offence. We spent the first 7 months from January to

August in Scottish jails based on false information from the PF David

Dickson. How can we be sent to the USA if we have broken no laws. Our

four young girls have suffered while we were in prison and we fear now

they will end up in care. We have no criminal records and fear for our

children if we are taken away again. The only reason we got bail was

because I was on hunger strike for 30 days. I have been told that the

NatWest 3 have been bullied into a deal on the threat of the possibility

of not getting a fair trial. We are a normal happy family I am from

England and my partner from Scotland. My partner through these

proceedings and being away from our four young children and spending 214

days in prison is now on daily medication as it is not possible for her

to understand or indeed myself how this can be allowed to happen.

We fear that our four children will end up in care as our solicitors say

that fighting Extradition is almost impossible. I can't put into words

how my family are feeling and can only hope that you can imagine how it

feels having to tell your children aged 1, 5, 8, 10 that mum and dad

might not come home from court.

I even though not guilty of any crime have to consider making a deal to

stop my partner and wife to be from being sent to the USA. She has

suffered enough and so have our children. I cannot allow my kids to go

into care so the only logical thing to do is a deal. The police and the

USA are using Extradition instead of our own legal system because

evidence is not needed. If you can help in any way we would be grateful.

Regards,

Brian Howes.

P.S there is a lot more details but I have not got the energy tonight to

write it.

A Jamie Hepburn has tried to help us from the SNP party but I fear an

ordinary family unlike the NatWest 3 is of little concern in the

political scene.

Nick Clegg MP

Sheffield Hallam

Web: http://www.nickclegg.org.uk

Office: 85 Nethergreen Road, Sheffield, S11 7EH

Tel: 0114 230 9002 Fax: 0114 230 9614

Email: nickclegg@sheffieldhallam.org.uk

Whilst Nick Clegg MP will treat as confidential any personal information

which you pass on, he will normally allow staff and authorised

volunteers to see it if this is needed to help and advise you. The MP

may pass on all or some of this information to agencies such as the DSS,

the Inland Revenue or the local Council if this is necessary to help

with your case. Nick Clegg MP may wish to write to you from time to time

to keep you informed on issues which you may find of interest. Please

let him know if you do not wish to be contacted for this purpose.

dated:6th november 2007
From: Jamie.Hepburn.msp@scottish.parliament.uk
to: brian.howes@bargainimportsuk.co.uk
subject: FW: Brian Howes Extradition Order

Dear Mr Howes,

Please see below for an interim reply I have had from the chief

executive of the Scottish Legal Aid Board.

Yours,

Jamie Hepburn MSP

-------

Sent: Monday, November 05, 2007 5:12 PM

To: Hepburn J (Jamie), MSP

Subject: Re: Brian Howes Extradition Order

You should read the legal disclaimer at the end of this e-mail

about the terms and conditions that apply to it.

****************************************************************

*********

Dear Mr Hepburn

Thank you for your email about the above. I am looking into

the matter you have raised and will revert to you as soon as possible.

Yours,

Lindsay Montgomery

Chief Executive

>>> <Jamie.Hepburn.msp@scottish.parliament.uk> 05/11/07 >>>

Dear Lindsay Montgomery,

I am contacting you in relation to the case of my constituent,

Mr Brian Howes of Bo'ness. Mr Howes and his partner are

currently the subject of an extradition request from the United

States, with this matter being considered at Edinburgh Sheriff

Court on 8 November.

Mr Howes and his partner were previously held on remand for a

period of seven months, during which time they had their assets

and finances frozen. This made them liable for legal aid, for

which they were granted junior counsel.

Mr Howes legal advisors have intimated that the case is so

complex that senior counsel in the form of a QC is warranted.

They have made more than one application for this but it has

been refused.

I have spoken to a Mr Millar and a Brian Mullen at the Legal

Aid Board about this matter, and both have explained to me the

rationale for this decision.

I understand that it might not ordinarily be the type of case

that qualifies for legal aid for senior counsel, but I wonder

if this might be reconsidered?

I note that in any murder case, a defendant granted legal aid

is awarded enough to hire senior counsel. Given the serious

nature of such crimes I can understand why that is. However,

Mr Howes and his partner have apparently been informed that if

extradited to the U.S. and found guilty in the courts there

they face a custodial sentence of over 90 years.

This is considerably longer than any convicted murderer through

our own courts may expect to face. I wonder then, given the

'stakes' in this case whether the decision to refuse Mr Howes

and his partner legal aid to hire senior counsel might be reconsidered.

You will appreciate that given the nature of the timescale

involved this is a hugely urgent matter. I look forward to

hearing your response in due course.

Yours,

Jamie Hepburn MSP

----------------------------------------------------------------

-----------------------------------------------

This email has been sent from a Scottish Parliamentary handheld device.

----------------------------------------------------------------

-----------------------------------------------

**********************************************************************

"For latest news and information about all aspects of

Parliamentary business, MSPs and our work, visit the

Parliament's website at http://www.scottish.parliament.uk/.

For information about how you can visit the Parliament, go to

http://www.scottish.parliament.uk/vli/visitingHolyrood/index.htm.

Watch Parliamentary business live at http://www.holyrood.tv/

The information in this e-mail transmission and any files or

attachments transmitted with it are strictly confidential and

may contain privileged information. It is intended solely for

the person or organisation to whom it is addressed and if you

are not the intended recipient, you must not copy, distribute,

disclose or take any action in reliance on it. If you have

received this e-mail in error, please delete it from your

computer system and notify the sender as soon as possible.

While this e-mail message and attachments have been swept by

the content filter software for the presence of computer

viruses, the Scottish Parliamentary Corporate Body does not

guarantee that either are virus-free and accepts no liability

for damage sustained as a result of a virus. It is the

recipient's responsibility to ensure that the onward

transmission, opening or use of this message and any

attachments will not adversely affect their systems or data or

otherwise incur liability in law."

**********************************************************************

****************************************************************

*********

LEGAL DISCLAIMER

Confidentiality: This e-mail and any attachments to it are

strictly confidential and may contain privileged information.

It is intended solely for the addressee. If you are not the

intended recipient, you must not copy, print, distribute,

disseminate, disclose or take any action in reliance on it. If

you have received this e-mail in error, please notify the

sender immediately and delete it from your computer system.

Disclaimer: Any views or opinions contained in this message

which do not relate to our business are not authorised by the

Scottish Legal Aid Board (the "Board") and are those of the

author only, except where the sender specifically states them

to be the views of the Board.

The Board accepts no liability (including in negligence) for

the consequences of any person acting, or refraining from

acting, on the information contained in such e-mails.

Monitoring: Under the Regulation of Investigatory Powers Act

2000 the Board randomly monitors all email sent or received.

Viruses: While this e-mail message and attachments have been

checked for the presence of computer viruses, the Board does

not guarantee that either are virus-free and accepts no

liability for damage sustained as a result of a virus to the

recipient's system or data or that of any third party.

About the Scottish Legal Aid Board: To find out more about us,

visit our website www.slab.org.uk. Our address is: Scottish

Legal Aid Board, 44 Drumsheugh Gardens, Edinburgh EH3 7SW.

Telephone: 0131 226 7061.

****************************************************************

*********

Liberty Policy Director Gareth Crossman said:

"The Extradition Act 2003 undermines longstanding safeguards against unfair removal and unfortunately appears to be more about politics than law.”

Liberty Press Office on 0207 378 3656 or 0797 3 831 128

NOTES TO EDITORS

In October 2006, Liberty, the CBI, the Institute of Directors, the Bar Human Rights Council, Justice, Gareth Peirce and others unsuccessfully sought Parliamentary support for a law to provide greater protection for British citizens who may be extradited to face criminal charges abroad.

Liberty intervened in the case Government of the United States of America v Bermingham, Mulgrew and Darby, to argue that removal to the United States would engage Article 8 of the Human Rights Act which protects the right to respect for a private and family life. Liberty argued that the interference with family life caused by removal to the United States must be disproportionate if shown to be unnecessary through the ability to dispose of the case to the United Kingdom. The three were sent to the USA in July 2006.

Home Office statistics show that the US government has made 47 extradition requests since January 2004. The UK government has made 12 such requests of the US.

Liberty Briefing- The Extradition Treaty 2003:

The UK's extradition laws have been radically overhauled in recent years. The Extradition Act 2003 created a system of fast track processing of extradition applications. This means that British citizens can be removed from the UK to many jurisdictions without the need for a court to hear that there is any evidence against them. The United States is one country where the fast track process has been introduced. However, Liberty does not think that debate over extradition should focus on the US and the non reciprocal nature of our extradition procedures as this might allow principled debate to be construed as anti Americanism. In any case, summary extradition should not take place from any state.

Liberty does not believe anyone should be removed from the United Kingdom without a British Court being satisfied that there is evidence. When Liberty argued this during the passage of the Extradition Bill the government responded that the removal of safeguard would be balanced by the introduction of a protection that no-one would be removed from the UK if doing so would breach their human rights.

When extradition proceeding were taken against the Natwest 3, Liberty intervened in the High Court. We argued that this human rights protection meant that if a case could be tried in the United Kingdom, it would breach rights to a family life if someone were taken overseas. No-one should face the prospects of being held in an overseas prison awaiting trial, away from family and friends, if they can face trial in the UK. The growing international and multi-jurisdictional nature of the criminal law means that cases of this type will become increasing common.

Liberty also argued that the positive duties imposed by the Human Rights Act 1998 should require the prosecuting authorities to take steps to see if prosecution were possible. We do not believe that nearly enough has been done to bring proceedings against the Natwest 3. Writing in the Financial Times on 10 July 2006 Baroness Scotland said 'It is for the prosecuting authorities to consider whether a case should be heard in the UK.' Liberty would argue that when a failure to do so will result in a person instead facing trial on the other side of the world, the state should do more than 'consider' but take positive steps to see if prosecution is possible. Liberty would also remind Parliamentarians that when considering criminal charges, the UK prosecuting authorities need to consider not only the evidence, but also the public interest. There appears to be no public interest test in relation to extradition.

Unfortunately the case is not proceeding to the Appellate Committee of the House of Lords which means that there will not be an opportunity to put forward these arguments.

Parliament urgently needs to review the grounds for permitting extradition and the protections against unfair extradition. In particular there is a need to address

The lack of evidence needed to permit extradition
The lack of an obligation in domestic law requiring a case to be heard in the UK if possible.

The US has been using the UK 2003 extradition act to extradite people who have broken no UK laws knowing that they need no evidence of any kind. They also know that once you arrive in the US that even if you have done nothing Illegal that the threat of life behind bars and being remanded in custody for a long period of time while waiting trial is enough to get the extradited person to take a plea. In order to be extradited you must have committed a crime in the UK which has the corresponding crime in the US. In our case we have no criminal records and have been cleared of all wrong doing by the English and Scottish police.

We have spent 214 days on remand away from our four young girls and only a thirty day hunger strike managed to get us bail. Imagine yourself and your partner without notice put in prison without charge without questioning for 7 months not even given the same rights as a common criminal. If there is anybody from the media out there that would like to expand on this horrific story please contact me through this email address: brian@howes.uk.net and I will respond.