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Saturday, 24 September 2016

LAURI LOVE EXTRADITION HEARING TRANSCRIPTION + videos




llove


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.
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
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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
4
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.
5
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
8
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
10
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
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.
12
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,
13
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.
14
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.
16
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
17
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
18
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
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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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8
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
Page 18 of 32
Page 19 of 32
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.
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
Page 21 of 32
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
Page 23 of 32
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
Page 24 of 32
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
Page 25 of 32
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
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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
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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
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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 ...