Isil 'Beatles' challenge government over sharing evidence with US that could have led to death penalty

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But Ms Elgizouli is now challenging that ruling at the Supreme Court, where a panel of seven justices will hear her case on Tuesday and Wednesday.

During the High Court hearing, 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”.

Edward Fitzgerald QC told the court the decision was taken “against advice from officials” that an assurance should be sought.

He said it was influenced by the “anticipated outrage” of members of the Trump administration if the UK asked for assurances that the pair would not face the death penalty.

However, rejecting the case, 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.”



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