UK acted unlawfully over ‘Beatle terrorists’

THE SUPREME Court has ruled that the UK Government’s decision to share evidence with the US about two alleged Islamic State terrorists without seeking assurances they will not face the death penalty was unlawful.

El Shafee Elsheikh and Alexanda Kotey are accused of belonging to a four-man cell of IS executioners in Syria – nicknamed The Beatles because of their British accents. The cell is said to be responsible for killing a number of high-profile Western captives.

The pair were captured in January 2018, sparking an international row over whether they should be returned to the UK for trial or face justice in another jurisdiction.

Elsheikh’s mother, Maha Elgizouli, brought a challenge to the decision of then-Home Secretary Sajid Javid to share evidence with American authorities without seeking assurances the men would not be executed if convicted in the US.

Her case was dismissed by the High Court in January last year, but yesterday seven Supreme Court justices unanimously allowed her appeal against that decision.

Giving the lead ruling over video conferencing software, Lord Kerr said Mr Javid’s decision to share evidence with the US breached data protection laws.

Announcing the court’s decision, the judge said the transfer of someone’s personal data to a “third country” – such as the US – was “only lawful if it is based on what is called an adequacy decision or on there being appropriate safeguards or on special circumstances”.

Sir James Eadie QC, for the Home Office, argued that Mr Javid’s decision was made “after the most careful consideration”, and in circumstances where the “only prospect of Elsheikh facing justice” was if he were tried by a federal court in the US.

He said the activities were among the very worst terrorist crimes imaginable.