UK court rejects case brought by mother of Daesh ‘Beatle’ held in Syria

Daesh extremists Alexanda Kotey, left, and Shafee Elsheikh are detained in Syria. (Syrian Democratic Forces/Handout via Reuters)
Updated 19 January 2019

UK court rejects case brought by mother of Daesh ‘Beatle’ held in Syria

  • El Shafee Elsheikh and Alexanda Kotey are being held by Kurdish militia after being captured in Syria last year
  • United States wants to extradite them and Britain has said it will not stand in the way

LONDON: The mother of one of the British Daesh militants suspected of murdering western hostages, lost a legal challenge on Friday that it was wrong for Britain to assist a US investigation which could lead to them facing the death penalty.
Britons El Shafee Elsheikh and Alexanda Kotey — two of a notorious group of British fighters nicknamed “The Beatles” — are being held by Kurdish militia after being captured in Syria last year.
The United States wants to extradite them and Britain has said it will not stand in the way of any future US prosecution that would seek the death penalty, waiving a long-standing objection to executions.
Elsheikh’s mother, Maha El Gizouli, had sought a judicial review, saying it was unlawful for Britain’s interior minister to provide mutual legal assistance in a case which could lead to prosecutions for offenses which carried the death penalty.
Her lawyers said the minister’s actions were flawed, inconsistent with Britain’s unequivocal opposition to the death penalty and violated her son’s human rights. However, London’s High Court disagreed and dismissed her claim.
“My priority has always been to ensure we deliver justice for the victims’ families and that the individuals suspected of these sickening crimes face prosecution as quickly as possible,” Home Secretary Sajid Javid said.
“Our long-standing opposition to the death penalty has not changed. Any evidence shared with the US in this case must be for the express purpose of progressing a federal prosecution.”
The most notorious of the four of the so-called Beatles was Mohammed Emwazi, known as “Jihadi John,” who is believed to have been killed in a US-British missile strike in 2015.
He became a public face of Daesh and appeared in videos showing the murders of US journalists Steven Sotloff and James Foley, US aid worker Abdul-Rahman Kassig, British aid workers David Haines and Alan Henning, Japanese journalist Kenji Goto and other hostages.
“This group of terrorists is associated with some of the most barbaric crimes committed during the conflict in Syria,” Graeme Biggar, Director of National Security at Britain’s interior ministry, said in a written statement to the court.
Britain has said it does not want the men repatriated to the United Kingdom and their British citizenship has been withdrawn.
British prosecutors concluded they did not have the evidence to launch their own case against the men but US officials then expressed frustration with the British stance of seeking an assurance that US prosecutors would not call for the death penalty, court documents showed.
However, last June, British ministers and senior officials decided the best way of ensuring a prosecution and to protect US relations was to seek no such assurance in this case.
That decision provoked criticism from opposition lawmakers and from some in the government’s own party who accused ministers of secretly abandoning Britain’s opposition to the death penalty.


Macron backs month of Brexit talks as Johnson visits

Updated 22 August 2019

Macron backs month of Brexit talks as Johnson visits

  • Macron has rejected Johnson’s calls to scrap a key arrangement regarding Ireland
  • The EU argues the backstop is necessary to avoid the re-emergence of checkpoints in Ireland

PARIS: French leader Emmanuel Macron backed the idea of a month of further talks to find a solution to Brexit while ruling out major compromises as he met British Prime Minister Boris Johnson for talks on Thursday.
Like German Chancellor Angela Merkel on Wednesday, Macron supported allowing another 30 days to find a solution to the vexed issue of the Irish border which has bedevilled negotiations since 2017.
“We need to try to have a useful month,” Macron said alongside Johnson who insisted that solutions were “readily available” to prevent checkpoints returning in divided Ireland.
But Macron, who admitted he had a reputation as the “hardest in the gang” on Brexit, has rejected Johnson’s calls to scrap a key arrangement for Ireland negotiated between the EU and former British premier Theresa May.
At stake is the so-called “backstop,” which is a provision guaranteeing that border checks will not return between EU member Ireland and Northern Ireland which is part of Britain.
Johnson considers the backstop to be “anti-democratic” and an affront to British sovereignty because it will require London to keep its regulations aligned with the EU during a transition exit period.
“The technical solutions are readily available (to avoid checkpoints) and they have been discussed at great length,” Johnson said. “You can have trusted trader schemes, you can have electronic pre-clearing.”
The EU argues the backstop is necessary to avoid the re-emergence of checkpoints which could lead to a return of fighting on the divided island where anti-British violence has claimed thousands of lives.
“I want to be very clear. In the coming month, we will not find a new withdrawal agreement that is far from the fundamentals,” Macron said at the Elysee palace in central Paris.
Since Johnson’s ascent to power last month, the chances of a “no deal” Brexit on October 31 have risen, which economists see as likely to wreak economic damage on Britain and the EU.
“The EU and member states need to take the possibility of a ‘no deal’ outcome much more seriously than before,” a senior EU official told reporters in Brussels on Thursday on condition of anonymity.
A French official said on Wednesday that this was becoming the “most likely” scenario.
The Paris visit was the second leg of Johnson’s first foreign trip as prime minister.
On Wednesday, he was in Berlin for talks with Merkel who appeared to offer a glimmer of hope by saying Britain should try to find a breakthrough to the issue over the next month.
“I want a deal,” Johnson told Macron. “I think we can get a deal and a good deal.”
He added that he had been “powerfully encouraged” by his talks with Merkel. “I admire that ‘can do’ spirit that she seemed to have.”
But many Brexit watchers see Merkel’s remarks as fitting a pattern in which she has often been more conciliatory in public about Brexit than Macron, whose abrasive remarks have caused anger in London in the past.
“There is not the width of cigarette paper between Paris and Berlin on these issues,” a senior aide to Macron said on Wednesday on condition of anonymity.
The EU official in Brussels added that the EU was “a little concerned based on what we heard yesterday (in Berlin).”
“We are waiting for new facts, workable ideas,” the official added.
Johnson, who has deployed his French language skills to charm diplomats in Paris before, has staked his leadership on withdrawing Britain from the EU by the current deadline of October 31 — “do or die.”
Some analysts see a risk of relations between Macron and Johnson becoming stormy in public, which could lead to a blame game about a “no deal” Brexit.
Johnson reportedly once called the French “turds” over their stance on Brexit during his time as foreign secretary — remarks he later said he could not recall.
But Macron pre-empted any attempt to deflect blame onto the European side during a press conference on Wednesday before Johnson’s arrival.
“It will be the responsibility of the British government, always, because firstly it was the British people that decided Brexit, and the British government has the possibility up to the last second to revoke Article 50,” he said.
Article 50 is the legal mechanism used by EU members states to withdraw from the bloc which was triggered by Britain in March 2017.
At the weekend, Macron, Merkel and Johnson will meet US President Donald Trump, a vocal supporter of both Brexit and Johnson, at a G7 summit in the French seaside resort of Biarritz.