Human rights campaigners slam Sajid Javid’s refusal to block death penalty for Islamic State ‘Beatles’

Alexanda Kotey, left, and El Shafee Elsheikh were captured in Syria in January (Picture: Reuters)
Alexanda Kotey, left, and El Shafee Elsheikh were captured in Syria in January (Picture: Reuters)

Human rights campaigners have condemned the home secretary’s decision not to block the death penalty being imposed on two alleged members of the Islamic State “Beatles” group of jihadis.

Sajid Javid says the UK will not demand an assurance from the US that Alexanda Kotey and El Shafee Elsheikh will not be executed.

The pair, from west London, were captured in Syria in January and are accused of being members of Islamic State.

Earlier this year, they complained they couldn’t get a fair trail because the UK had stripped them of their British citizenship.

In a letter last month to the US attorney general Jeff Sessions which was leaked to The Telegraph, Mr Javid wrote: “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.”

Home secretary Sajid Javid isn’t seeking assurances from the US that the two men will not face the death penalty (Picture: PA)
Home secretary Sajid Javid isn’t seeking assurances from the US that the two men will not face the death penalty (Picture: PA)

But the decision has been criticised by human rights campaigners and opposition politicians.

Amnesty International spokesman Allan Hogarth said: “This is a deeply worrying development. The home secretary must unequivocally insist that Britain’s long-standing position on the death penalty has not changed and seek cast iron assurances from the US that it will not be used.

“While the alleged crimes of Alexanda Kotey and Shafee Elsheikh are appalling, the UK’s principled opposition to the cruelty of the death penalty isn’t something it should compromise.

“A failure to seek assurances on this case seriously jeopardises the UK’s position as a strong advocate for the abolition of the death penalty and its work encouraging others to abolish the cruel, inhuman and degrading practice.”

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Labour shadow attorney general Shami Chakrabarti said: “Sajid Javid appears to have secretly and unilaterally abandoned Britain’s opposition to the death penalty.

“By doing so he is not just playing with the lives of these particular terrorists but those of other Britons – including potentially innocent ones – all over the world.

“Just as we should be persuading countries like the US and Iran to drop the death penalty, Sajid Javid appears to be encouraging this grave human rights abuse.”

Liberal Democrat home affairs spokesman Sir Ed Davey said: “The crimes committed by these terrorists are amongst the most heinous imaginable.

“Clearly these two individuals present a serious danger to the public and the argument that they should spend the rest of their lives in prison is overwhelming.

“However, the use of the death penalty – no matter the crimes involved – is wrong.

“By refusing to stand up to Donald Trump’s administration on this issue, Sajid Javid has abdicated his responsibility to uphold fundamental human rights. He has undermined the UK’s efforts to end the use of the death penalty around the world.”

Meanwhile, Downing Street insisted the government continues to oppose the use of the death penalty.

A Number 10 spokeswoman said prime minister Theresa May was “made aware” of the decision, taken by Mr Javid and former foreign secretary Boris Johnson.

The decision was described as “extraordinary” by the government’s former reviewer of terrorism legislation Lord Carlile, who said it amounted to a dramatic change of policy without any discussion in parliament.

Kotey and Elsheikh are accused of being part of the Islamic State group known as the “Beatles” (Picture: Reuters)
Kotey and Elsheikh are accused of being part of the Islamic State group known as the “Beatles” (Picture: Reuters)

The Downing Street spokeswoman said it was “a long-standing position of the government to oppose the death penalty in all circumstances as a matter of principle”, but added that in this case it was “a priority to make sure that these men face criminal prosecution”.

Asked whether Mrs May approved of the letter, she replied: “The decision was taken by the Home Secretary and the former foreign secretary and the PM was made aware of the decision.

“But, I would say, it’s everyone’s aim to make sure that these men face justice through a criminal prosecution.

“We are continuing to engage with the US government on this issue. We want to make sure that they face justice in the most appropriate jurisdiction which maximises the chance of a successful prosecution.”

Kotey and Elsheikh are said to have been members of the brutal four-man cell of IS executioners in Syria and Iraq, responsible for killing a series of high-profile Western captives, including British aid workers David Haines and Alan Henning and US journalists James Foley and Steven Sotloff.

Nicknamed after the 1960s band because of their British accents, the cell is also believed to have included Mohammed Emwazi – known as “Jihadi John” – who was killed a US air strike in 2015, and Aine Davis, who has been jailed in Turkey.

The capture of Kotey and Elsheikh sparked a row over whether they should be returned to the UK for trial or face justice in another jurisdiction.

Mr Foley’s mother, Diane, said she was opposed to the death penalty, warning it would make the two men “martyrs in their twisted ideology”.

“I would like them held accountable by being sent to prison for the rest of their lives,” she told BBC Radio 4’s Today programme.