British Isil suspects’ trial in Syria imminent
10 UK detainees face Kurdish court judgment along with 2,000 other foreign jihadist fighters
‘As these prisoners must be tried, we have now made the decision to start putting these foreign Isil fighters on trial, starting at the beginning of March’
‘These prisoners are British citizens and the British need to step up and give a fair trial for these people. They can’t avoid and dismiss the fact that they have basic human rights’
BRITISH Islamic State of Iraq and the Levant (Isil) suspects are set to go on trial in Syria from next month, ending a years-long impasse between the Kurdish authorities holding them and the UK Government over their fate.
The cases of 10 British Isil detainees are due to be heard alongside 2,000 other foreigners currently in the custody of Western-backed Kurdishled Syrian Democratic Forces (SDF) in north-east Syria. Thousands more foreign women and their children are also being held in crowded camps.
The UK and most other Western members of the international coalition against Isil have so far refused to repatriate their nationals from Syria, citing security concerns. The Kurds, meanwhile, have been warning for two years they cannot hold them forever.
The trials may be looked upon favourably by Western governments as, unlike Iraq and the Syrian state, the
Kurds do not impose the death penalty – which is in line with Britain’s opposition to its use. While there was no official announcement, Abdulkarim Omar, the co-chairman of the foreign affairs ministry of the autonomous administration, yesterday told Finland of their intention to start trying foreign Isil suspects, with or without its co-operation.
The Daily Telegraph confirmed the development – which would see foreigners on trial in Kurdish courts for the first time – with three independent sources. “No state accepted to repatriate their own Isil members and try them at home,” said Mr Omar after meeting with the Finnish government.
“Then, we proposed to set up an international court for Isil in this region, but sadly this was also without result.
“As these prisoners must be tried, we have now made the decision to start putting these foreign Isil fighters on trial, starting at the beginning of March,” he said.
Thousands of local Isil suspects have already been tried in courts in northeastern Syria. The Kurdish legal system is based on international law and hence does not execute prisoners.
The Telegraph last year visited one such court, where judges heard and passed judgment on several cases a day. This newspaper saw suspects receive sentences of between two and 15 years, though judges reserve the right to issue life sentences when the accusations are particularly grave.
The decisions of the court are not binding outside of the self-administration, however, as the Kurds in Syria do not have international recognition despite fighting alongside the coalition in the war on Isil. Should the courts pass sentences down on British suspects, the UK would not be compelled – legally or otherwise – to accept them back home after they were considered spent.
A French official recently said the best solution was for suspects to be tried in the region, where they committed their crimes. A handful of French Isil suspects have been handed over to the neighbouring Iraq for trial.
An FCO spokesman said: “Anyone who has fought for or supported Daesh should – where possible – face justice for their crimes in the most appropriate jurisdiction, which will often be in the region where their offences have been committed.
“Any internationally-supported justice mechanism must respect human rights and the rule of law as well as ensure fair trials and due process.”
The development was described as a “mixed proposition” by one foreign official who spoke to The Telegraph.
Many EU countries fear that due to the difficulty of gathering evidence in war zones, Isil supporters could be quickly released once they appear in court after returning home. Counterterrorism experts yesterday described the idea as a short-term solution to a long-term problem.
Shiraz Maher, director at the International Centre for the Study of Radicalisation and Political Violence at King’s College London, said: “If there are custodial sentences, then what happens at the end of the prison sentence? Are these guys just released? Don’t forget, Western countries are determined not to take these people back.”
A family member of Mohammed Anwah Miah, from Birmingham, who is being held by the Kurds, feared he would not be given a fair trial in Syria and wanted to see him face justice in the UK “From reports I have read, judges have spoken about making decisions based on newspaper articles published in the UK and we know they are not always fact,” he said. “These prisoners are British citizens and the British need to step up and give a fair trial for these people. They can’t avoid and dismiss the fact that they have basic human rights.”