Mother of suspected ISIS terrorist loses High Court battle

Top judges today ruled Britain is right to share evidence with the US about two suspected ISIS terrorists without seeking assurances that they won't be executed.

The mother of El Shafee Elsheikh, who is a suspected member of The Beatles execution cell that murdered Western hostages in Syria, lost her case at the High Court.

Maha Elgizouli was challenging Home Secretary Sajid Javid's decision to hand over 600 witness statements to the US without guarantees they won't face the death penalty.

But her legal bid was rejected by two leading judges who ruled that the move by the UK government was not unlawful. 

Alexanda Kotey, left and Shafee Elsheikh (right) moments after they were captured by Syrian Democratic Forces last year

Alexanda Kotey, left and Shafee Elsheikh (right) moments after they were captured by Syrian Democratic Forces last year

Elsheikh and Alexanda Kotey are accused of belonging to the brutal four man cell, dubbed the Beatles because of their British accents, responsible for killing high profile Western captives.

The pair were captured in Syria January last year, sparking a row over whether they should be returned to the UK for trial or face justice in another jurisdiction.

The Lord Chief Justice, Lord Burnett, sitting with Mr Justice Garnham, said: 'There is no general, common law duty on Her Majesty's Government to take positive steps to protect an individual's life from the actions of a third party and that includes requiring particular undertakings before complying with the MLA request.'

During a hearing in October, Ms Elgizouli's lawyers said Mr Javid's decision, which was outlined in a letter to then US attorney general Jeff Sessions, was 'unprecedented and unjustified' and put the suspects at risk of an 'inhuman punishment'.

Kotey, left, and Elsheikh (right) who were allegedly among four British jihadis who made up a brutal ISIS cell dubbed 'The Beatles,' speak during an interview with The Associated Press at a security centre in Kobani, Syria in March last year

Kotey, left, and Elsheikh (right) who were allegedly among four British jihadis who made up a brutal ISIS cell dubbed 'The Beatles,' speak during an interview with The Associated Press at a security centre in Kobani, Syria in March last year

The two men, pictured in light blue top and red jacket, are currently being held by Kurdish forces in the Syria and have been stripped of their British citizenship

The two men, pictured in light blue top and red jacket, are currently being held by Kurdish forces in the Syria and have been stripped of their British citizenship

Kotey and Elsheikh, who were raised in the UK, are believed to be detained by Kurdish forces in Syria and have been stripped of their British citizenship.

They are said to have been members of the cell which also included Mohammed Emwazi, known as Jihadi John, who was killed in a US air strike in 2015, and Aine Davis, who has been jailed in Turkey.

Emwazi appeared in a number of videos in which

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