UK faces legal hurdles to supply Isil ‘Beatles’ evidence
BRITAIN may not be able to hand over evidence on the Islamic State “Beatles” to the US authorities in time for an October deadline, raising concerns that the notorious terror suspects may be executed in Iraq.
Bill Barr, the US attorney general, this week assured the Home Office that it would forego the death penalty for Alexanda Kotey and El Shafee Elsheikh if the UK shares “important evidence” that it has on the pair by Oct 15.
Donald Trump’s administration believes it will be difficult to launch a successful US prosecution of the two, members of the four-man cell nicknamed “The Beatles”, without the evidence, including wiretaps, voice analysis and 600 witness statements, gathered by the Metropolitan Police.
Mr Barr’s office raised the prospect that the Londoners could be handed over to authorities in Iraq – where they are being held in US military custody – if the UK does not act quickly. Such a move would be problematic as Baghdad also uses capital punishment.
Legal experts yesterday raised concerns about whether Britain would be able to work through the challenges in the case in time.
“Can we give them the evidence quickly? Yes. In practical terms the UK is prepared and ready to hand it all over. But given that there’s an outstanding appeal over whether it can, I’d be extremely surprised if the Government went against the court,” Ben Keith, a barrister specialising in extradition and human rights, told The Telegraph.
“There will be a discussion to see if they can send the evidence with an assurance. It will require at the very least for the High Court to say that’s OK.”
The Supreme Court ruled in March that the US government’s demand to use crucial evidence from the UK was unlawful, in a case brought by Elsheikh’s mother.