ISIS Beatle can face US trial after terror suspect’s mum’s appeal thrown out

One of the notorious "ISIS Beatles" faces trial in the US after his mum's last-ditch attempt at fighting the case was thrown out by the High Court.

El-Shafee el-Sheikh, 32, is reportedly being held by American special forces in Iraq after he was captured by the Syrian Democratic Forces two years ago.

Mum Maha Eligizouli appealed to the High Court earlier this month after Home Secretary Priti Patel shared evidence about el-Sheikh with US authorities.

At a hearing in London on September 11, Ms Elgizouli's lawyer Richard Hermer QC argued Ms Patel's decision was unlawful because it's incompatible with the Data Protection Act.

In written submissions to the court, he said the international transfer of the data is "not strictly necessary" in circumstances where the Director of Public Prosecutions is due to make a decision "imminently" about whether el-Sheikh will be prosecuted in the UK.

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He argued Ms Patel didn't make sufficient inquiries as to whether a prosecution would be undertaken in the UK, and she "failed to address adequately or at all" what the appropriate jurisdiction for a prosecution would be when reaching her decision.

"It is in any event irrational to decide to transfer data, and provide co-operation permitting the use of that data in US proceedings, in circumstances where there is a realistic prospect that the (DPP) may bring a prosecution… in this jurisdiction," Mr Hermer said.

But the appeal has been unsuccessful, with a judgement released on Tuesday saying: "We have concluded that this application is not properly arguable, and we refuse permission to apply for judicial review.

"On the handing down of this judgment, the Order referred to, prohibiting the Secretary of State from providing any further material to the United States Government, has now ceased to have effect."

El-Sheikh and fellow terrorist Alexanda Kotey, 36, have been nicknamed George and Ringo because of their English accents.

The pair, who were believed to be part of a terror unit initially comprised of four men, are allegedly responsible for the high-profile executions of 27 hostages – including American aid workers and journalists.

Last week, Washington assured the UK that it would not seek the death penalty for the jihadis, in an effort to prosecute them in US courts.

Kotey told the Daily Mirror that he and el-Sheikh hoped they would be sent back to the UK to face justice rather than be imprisoned in the US, saying it would be "the worst thing that could happen".

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If convicted, the pair – who have already been stripped of their British citizenship – could spend the rest of their lives in the Florence Supermax, Colorado where prisoners are typically confined for around 23 hours a day to solitary cells.

They cannot move around without being escorted and headcounts are done at least six times a day.

One report, published in The Nation last June, alleged that inmates had been force-fed.

Prisoners get one call to a relative every month lasting just 15 minutes.

At least 70% of them suffer from mental health issues and more than 100 of the most violent inmates are kept in a darkened, secure section called the "z unit".

The Florence Supermax houses an array of notorious criminals, including Islamist terrorists and former Sinaloa Cartel leader El Chapo.

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