El Shafee Elsheikh, right, and Alexanda Kotey were captured by Kurdish forces in Syria (Reuters)
The UK Home Office has suspended legal cooperation with the United States in the cases of two alleged Islamic State (IS) group militants raised in Britain at the request of the family of one of the suspects over concerns that they may face the death penalty in US courts.
UK Home Secretary Sajid Javid had initially signalled that the UK would not oppose the death penalty against two former Britons, according to a leaked letter revealed by the Telegraph on Monday.
"Yesterday we received a request from the legal representative of the family of one of the suspects to pause the Mutual Legal Assistance (MLA) response," the Home Office said in a statement released on Thursday.
"We have agreed to a short-term pause. The government remains committed to bringing these people to justice and we are confident we have acted in full accordance of the law and within the governments longstanding MLA policy."
The earlier letter referred to the two IS members and former British citizens Alexanda Kotey and El Shafee Elsheikh, who were captured by US-backed Kurdish forces in Syria in January after allegedly belonging to an IS cell known for brutally executing high-profile Western hostages in Syria in 2014-15.
Javid, in a letter to US Attorney General Jeff Sessions dated 22 June said that he believed a death penalty assurance was not needed in the case of the IS pair, and that Britain would not “formally oppose” their incarceration at the notorious Guantanamo prison.
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"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," Javid said.
The men are accused of belonging to the so-called IS "Beatles" cell, led by Mohammed Emwazi – also known as Jihadi John – who was killed in 2015 by a US air strike in Syria.
Both Kotey and Elsheikh had been stripped of their British passports. They may be transferred to the United States to be prosecuted.
The United States has already charged one suspected IS member who is a US citizen captured by Kurdish fighters and brought to Detroit to face trial.
The suspension of cooperation with the US came after pressure from Elsheikh's mother. The family's lawyers said in a statement that the mother's opposition to IS is clear, but her request aims to ensure that the "norms of internationally-accepted due process form the basis of any trial of accusations concerning her son".
The Home Office's initial position was condemned by rights groups earlier this week.
"While the alleged crimes of Alexanda Kotey and El Shafee Elsheikh are appalling, the UK's principled opposition to the cruelty of the death penalty isn't something it should compromise," Allan Hogarth, Amnesty International UKs head of advocacy and programmes, said in a statement on Monday.
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