British jihadists will be brought home for trial

British jihadists captured fighting for Isil will be tried in this country if there is thought to be enough evidence to convict them, sources have told The Daily Telegraph. Officials are believed to be working on a legal pathway to transfer fighters captured in Iraq or Syria into the justice system.

BRITISH jihadists captured overseas fighting for Isil will be tried in the UK if there is thought to be enough evidence to convict them, despite the Defence Secretary saying they should not set foot in the country again, Whitehall sources have said.

Officials are working on a legal pathway to transfer fighters who may be captured in Iraq or Syria into the British justice system, The Daily Telegraph understands.

So far, only five Britons are known to have been captured alive from the battlefield, including Alexanda Kotey and El Shafee Elsheikh, the remaining members of “The Beatles” hostage-taking cell. Their capture has provoked debate about what to do with up to 300 Britons who joined Islamic State of Iraq and the Levant and remain in the Middle East.

America has said the fighters’ home nations should retain responsibility for them, but Gavin Williamson, the Defence Secretary, said last week he wanted to see them face justice where they are captured and should never set foot in Britain again.

Sources told The Telegraph that dealing with British fighters was a “legal nightmare” and each case was being considered separately. But where there was strong evidence, the plan was to try them in the UK.

Kotey and Elsheikh are thought to have been stripped of their citizenship and may be tried in the US.

American intelligence officials led the search for “The Beatles” execution squad, who killed up to 27 hostages including Britons and Americans, and are thought to have amassed evidence against them. The families of their American victims last week called for them to face trial in the US and prosecutors are reportedly looking at building a case in a federal court.

The other Britons captured so far include Jack Letts, a convert who was taken by Syrian forces last year, Shabazz Suleman, a Londoner taken by the Free Syrian Army in northern Syria in October, and another unnamed UK citizen caught by Iraqi Kurdish fighters in Mosul. Last night, it was not clear if they would be tried in the UK.

Sources said the difficulties of evidence gathering in a war zone meant it would be difficult to build a case against many of those who had travelled, so the Government had instead had to take other measures including removing British passports where possible. A senior counter-terrorism police officer last week said that around 200 Britons have been deprived of their passports.

A senior Whitehall source told The Telegraph that officials were looking at how Britons could be transferred from Syrian or Kurdish custody to the UK.

Officials are trying to build a “legal pathway” that will stand up to scrutiny in UK courts amid concerns that any suggestions the captives have been mistreated will see trials collapse.

Any final decision will depend on the will of those holding them, the evidence available and legal advice.