Sajid Javid drops opposition to US death penalty for captured jihadi fighters
2 min read
Sajid Javid has shelved Britain's blanket opposition to the death penalty to allow a pair of terrorists with British citizenship to be tried in US courts.
The Home Secretary has written to US Attorney General Jeff Sessions to say that Britain will not demand "assurances" that captured Isil fighters Alexanda Kotey and Shafee El-Sheikh will be spared from execution.
The pair held British citizenship and were part of the notorious "Beatles" group of jihadi terrorists behind a string of high-profile killings in Syria.
In a letter to Mr Sessions, seen by the Telegraph, the Home Secretary writes: "I am of the view that there are strong reasons for not requiring a death penalty assurance in this specific case, so no such assurances will be sought."
The paper reports that British officials have agreed to share intelligence to help prosecute the pair, who were captured in January this year, and have agreed not to oppose their possible transfer to the controversial Guantanamo Bay prison facility.
But the Home Secretary insisted the move did not change the UK's long-standing position on the death penalty.
He wrote: "I have instructed my officials to set out the terms of our assistance and to work with your officials to action the request.
"As you are aware, it is the long held position of the UK to seek death penalty assurances, and our decision in this case does not reflect a change in our policy on assistance in US death penalty cases generally, nor the UK Government’s stance on the global abolition of the death penalty."
He also said the UK would not "request, nor actively encourage" the transfer of the two fighters to the UK for prosecution, citing "frustration" over the UK's extradition laws.
"Ensuring foreign fighters face justice raises a real challenge for all our jurisdictions, however in this instance we believe that a successful federal prosecution in the US is more likely to be possible because of differences in your statute book and the restrictions on challenges to the route by which defendants appear in US courts," he said.
A Home Office spokesperson said: "We continue to engage with the US Government on this issue, as we do on a range of national security issues and in the context of our joint determination to tackle international terrorism and combat violent extremism.
"The UK Government’s position on Guantanamo Bay is that the detention facility should close."
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