The mother of an Isil 'Beatle' has agreed that her son's actions were “barbaric” as she launches High Court action against the Home Secretary.
Maha Elgizouli, whose son El Shafee Elsheikh and his co-defendant are in US custody, is bringing a judicial review at the High Court after Ms Patel decided to provide material to the American government.
Elsheikh and Alexanda Kotey are both accused of being part of a terror cell of executioners in Syria, nicknamed The Beatles for their British accents.
It is alleged that they are responsible for the killing of a number of Western captives, including British aid workers David Haines and Alan Henning.
At a hearing in London yesterday [Friday] Ms Elgizouli’s lawyers said she agreed that her son’s crimes were “barbaric” but still wished to bring action over sharing information with the US.
In his opening remarks to the court, Richard Hermer QC admitted that Ms Elgizouli agrees that her son’s alleged crimes are "some of the most barbaric" committed during the conflict in Syria.
He said she "entirely condemns these abhorrent acts.”
Yet Ms Elgizouli’s lawyers argued that the Home Secretary’s decision was unlawful under the Data Protection Act, as well as requesting the court ban the passing of material to the US.
In a written submission, Richard Hermer QC said that both Ms Elgizouli’s son and his co-accused are waiting for an “immanent decision” on whether the pair should be prosecuted in the UK.
He argued that as a result, it was “not strictly necessary” to have transferred the data, and that Ms Patel had not taken sufficient inquiries as to whether their prosecution would happen in the UK.
Mr Hermer said that the hearing is urgent since the US has indicated that it will move the pair for trial in Iraq, where they will be executed if found guilty, if it is not sent all the evidence the UK has on them by October 15.
He said that the Director of Public Prosecutions (DPP) has indicated he will reach a final decision on whether the pair will face trial in the UK.
The Home Secretary is contesting the case, with her lawyers saying that she acted “rationally and lawfully” in making her decision.
Ms Elgizouli previously brought a challenge against Sajid Javid, the then home secretary, for sharing information with the US without assurances they wouldn’t face the death penalty.
Her case was dismissed by the High Court last year but that decision was overturned in March of this year, ruling that it was unlawful under the Data Protection Act.