Court: UK shouldn’t give US evidence on pair of IS militants

A court on Wednesday barred British government from providing U.S. prosecutors with evidence against two Islamic State militants suspected in beheings of Western hosts, citing prospect men could face death penalty.

ruling by British Supreme Court overturns a decision by country’s authorities to cooperate with U.S. by sharing information about El Shafee Elsheikh and Alexanda Kotey. British men, captured in Syria two years ago by a U.S.-backed militia, are accused of belonging to a brutal Islamic State group kwn for beheings and barbaric treatment of American aid workers, journalists and or hosts in Syria.

decision is a setback for U.S. Justice Department, where officials have been investigating killings. U.S. officials have t anunced any charges against men, but have spoken publicly about ir desire to see members of cell, kwn as “ Beatles” for ir British accents, face justice. men were transferred to U.S. custody last October.

“We are disappointed with UK Supreme Court’s decision and are considering appropriate next steps,” said Justice Department spokesman Marc Raimondi. “As our investigation of se individuals continues, we will work with our UK counterparts on a path forward, consistent with our shared commitment to ensuring that those who commit acts of terror are held accountable for ir crimes.”

It was t clear what those next steps would be, or wher decision might prompt Justice Department to remove possibility of death penalty from any eventual prosecution. Attorney General William Barr said in a private meeting last year with victims’ relatives that he wanted to see militants brought to justice.

Though death penalty has been abolished in United Kingdom, British authorities were willing to provide ir U.S. counterparts with evidence against Elsheikh and Kotey even without assurances that men would t be executed if convicted.

Some British officials said it would t be right to withhold evidence given horrific nature of allegations, but some lawmakers called on government to reserve its position. In July 2018, after lawyers for Elsheikh demanded a judicial review of decision to allow men to be put on trial in U.S., Britain’s Home Office temporarily suspended cooperation with U.S authorities.

Lord Brian Kerr, a judge on British Supreme Court, said although re was doubt crimes men were accused of were “dreful” and “of most awful nature,” it was unlawful to turn over evidence to a foreign country that could be used in pursuit of a death penalty prosecution.

“It follows that furr assistance should be given for purpose of any proceedings against Mr El Sheikh in United States of America without appropriate death penalty assurances,” Kerr wrote.

British leer of cell, Mohammed Emwazi, who was also kwn as “Jihi John,” was killed in a 2015 drone strike.