What has happened in the Shamima Begum case so far and what could happen next
QWhat crimes has Shamima Begum allegedly committed?
A She could be prosecuted for membership of Islamic State, a proscribed terrorist organisation. According to yesterday’s court judgment, “aligned” herself with IS. Last year, The Telegraph revealed she allegedly served in IS’S “morality police” and tried to recruit other young women. Intelligence reports claimed she stitched suicide bombers into explosive vests, a potential offence of preparation of terrorist acts. The difficulty would be getting enough reliable evidence from Syria to secure a conviction.
Q Could she be tried for treason?
A She could only be tried for treason if she had fought for an enemy state. As IS is not recognised as a state, it is unlikely. The Government is considering modernising the definition.
Q Does she have Bangladeshi citizenship?
A Bangladesh has a right of “citizenship by descent” for anyone with a Bangladeshi parent. It lapses when a person reaches 21, which she does next month. She is not thought to have exercised this right, nor visited Bangladesh and Bangladesh said last year that she does not have citizenship, and will not be allowed entry.
Q Is she stateless? What does that mean, and is it legal?
A The Home Secretary can deprive a person of British citizenship if “conducive to the public good”, and not left stateless. They must therefore have dual nationality. The Home Office argues it acted in the belief British-born Begum could obtain Bangladeshi citizenship, and to protect national security and public safety. Her lawyers say she has been left stateless by Bangladesh’s refusal to accept her as a citizen. Begum was married to a Dutch Islamist convert and has eyed Dutch citizenship, but the Netherlands ruled she did not have the right documents, and said it does not offer sanctuary to returners from Syria.
Q Could she be tried in Syria?
A Syria has shown no desire to prosecute IS women. The International
Criminal Court says it does not have jurisdiction there.
Q Why has the Court of Appeal decided she has to come back to the UK?
A It ruled she could not have a “fair and effective” appeal unless she had leave to enter the UK, and that “national security concerns about her” could be managed if she returned.
Q What happens now?
A The Home Office is seeking to appeal the judgment, and will request a block on Begum’s return until that appeal is completed. Begum is likely to remain in the refugee camp, as there is no government repatriation assistance. If her lawyers succeed, and she returns to the UK, she could be arrested. Even if she failed in her appeal against the revoking of her citizenship, it would be difficult to extradite her to Bangladesh not least because it has the death penalty for terrorists.
Q What do other countries do with returning jihadists?
A The UN Syria Commission has told countries of origin to take steps to register infants born in Syria, repatriate children and refrain from stripping parents of their nationality. Some countries have set age limits. Others have only repatriated orphans. Still others have stripped foreign fighters of citizenship.