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Wanted by the US? Get ready to be extradited
At least five UK newspapers hailed it as home secretary TheresaMay’s Love Actually moment – recalling the scene in the filmwhen Hugh Grant, playing Britain’s prime minister, tells the USpresident to shove it.
在电影《真爱至上》(Love Actually)中,休 格兰特(Hugh Grant)饰演的英国首相让美国总统“滚远点”(原因是英国首相看到美国总统正对首相官邸一名女职员无礼——译者注)。最近,影片中这一情节在英国内政大臣特里萨 梅伊(Theresa May)身上真实上演,至少5家英国报纸为之喝彩。
The newspapers were celebrating Ms May’s announcement that she had decided not to extraditeGary McKinnon, wanted by the US for allegedly hacking into 97 military and Nasa computers.
报界为之喝彩的原因是,梅伊宣布她决定不把加里 麦金农(Gary McKinnon)引渡至美国。美国称麦金农入侵了美国军方和国家航空航天局(Nasa)共97台电脑,因此对其发起了通缉。
Ms May said there was a high risk that Mr McKinnon, who has Asperger’s syndrome, would killhimself if he was sent to the US.
梅伊表示,麦金农患有阿斯波哥尔综合征(Asperger’s syndrome,一种不善交际、兴趣偏狭的内向征状——译者注),如果将他引渡至美国,他很有可能自杀。
At last, his supporters said. Here was a politician prepared to stand up for Britain and Britons. Manywho fear being flown to the US in handcuffs – and past victims have included not just suspectedterrorists but business people such as the NatWest Three and Ian Norris, former head ofengineering group Morgan Crucible– are, no doubt, hugely relieved.
麦金农的支持者们这下终于松了一口气。现在有了一位愿为英国和英国人利益挺身而出的政治家。毫无疑问,许多担心被铐上手铐引渡至美国的英国人,听到这个消息也大大松了一口气。以往被引渡的人不仅有恐怖主义嫌犯,还有一些商人,比如“英国国民西敏寺银行三人组”(NatWestThree)、英国工程集团Morgan Crucible前首席执行官伊恩 诺里斯(Ian Norris)。
They shouldn’t be. Far from heralding a new era of British assertiveness, Mr McKinnon’s case is likelyto be seen as exceptional. The vast majority of UK residents wanted by the US will probably besent there. There are three reasons to think this.
这些人开心得太早。事实上,欢庆英国步入扬眉吐气新时代的时刻远未到来,麦金农案很可能只是个特例。绝大多数被美国通缉的英国公民很可能还是会被引渡过去。原因有三点。
First, Ms May said there would be no change to the strength of the case that the US has to presentwhen asking for a UK resident to be extradited. Under the current extradition treaty, the US has toshow “probable cause”. In the UK, arrests take place on the basis of “reasonable suspicion”. Criticsof the treaty say the US level of proof is lower than that required in the UK. They say that the USshould be required to present a prima facie case – evidence sufficient, if it is not rebutted, tosecure a conviction.
首先,梅伊说,英国在衡量美国要求引渡英国居民的理由是否充分时,标准并没有改变。根据现行的引渡条约,美方在要求引渡时必须拿出“合理根据”(probable cause)。而在英国,必须基于“合理怀疑”(reasonable suspicion)才可逮捕嫌疑人。批评现行引渡条约的人士称,美国的证据标准比英国低。他们说,英国应要求美国拿出“prima facie case”(即充分的证据,如果该证据未被驳回的话),才能提出指控。
Ms May dismissed the prima facie idea. She added that a report by Sir Scott Baker, a retired judge, had said there was no significant difference between probable cause and reasonable suspicion. Sheagreed with him and said the current US-UK arrangements were balanced.
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