Article published in The Daily Telegraph, 15 April 2019. © Richard Kemp
The government has little choice but to allow legal aid for Shamima Begum. Many are understandably outraged, yet it is right for the state to support those that can’t afford the costs of litigation in British courts. But this is where the government needs to radically change its policy for dealing with jihadists fighting overseas.
We can no longer continue to treat returning combatants from war zones such as Syria using the same legal processes with which we treat criminals in London or Glasgow. Crimes committed in the UK can be thoroughly investigated, with reliable evidence that meets the tests of criminal prosecution. How can we do the same with horrific crimes committed in the chaos of Raqqa under Isil control? Immense efforts have been made by our military and intelligence services to collect evidence in battle areas that is usable in court, often at great risk to themselves. Even so, only rarely can such crimes be successfully prosecuted in our courts.
Around 400 Islamic State terrorists are known to have returned to the UK so far — with more to come. Of these only around 50 have been successfully prosecuted. We do not have the details, but I would be surprised if many of them have been imprisoned for serious crimes such as murder, torture, abduction and rape. Some will have received short sentences and many are already back on the streets, having committed the most horrific atrocities abroad.
This is not just about failure of justice. It also weakens deterrence against potential terrorists and endangers our citizens. The most dangerous terrorists are those that have been trained, motivated, blooded and have themselves killed. The security authorities say that many returners no longer present a significant threat to us. They are hugely capable and diligent, but even they cannot be truly Continue reading