Britain still has questions to answer about Isis members

Almost seven years after Isis declared its “caliphate” in Syria and Iraq, the fate of the men, women and children who travelled to the terrorist group’s territories remains uncertain.

Different countries have diverged dramatically in their approach to those who want to return home, and thousands of people who were captured while fleeing Isis strongholds remain in Kurdish-run prisons and camps.

A report by the UK’s watchdog for terrorism laws, Jonathan Hall QC, has sparked fresh questions about Britain’s treatment of those involved in the conflict.

Government figures, which have not changed since 2017, claim that half the around 900 people who travelled to Isis territories from the UK have returned home and at least a fifth are thought to have died.

For the remainder, the British government’s strategy has mainly consisted of efforts to stop them coming back.

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Isis members believed to hold, or be eligible for, dual nationality have been stripped of their British citizenship for the “public good”, meaning the government is no longer responsible for them and they cannot use their passports.

The power, which has been used for Shamima Begum, the Isis “Beatles” and other high-profile jihadis, is controversial and scrutiny is limited.

The government has refused to say how many Isis members have been subject to the measure, and refused to give the Independent Reviewer of Terrorism Legislation any oversight.

Mr Hall’s annual report for 2019, which was released on Tuesday, said: “Despite the inadequate level of independent review of citizenship deprivation, my recommendation that the role of Independent Reviewer should be extended to any legislation used for counter-terrorism purposes was rejected by the government.”

Sole British nationals have been given Temporary Exclusion Orders, which mean they cannot return to the UK without a permit from the home secretary.

Plans are drawn up for their return, and they can be arrested or put under controls.

Syria at war: Fleeing the caliphate

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Experts, MPs and campaigners have raised concern that leaving Isis members in unstable Syrian camps, which are full of other Isis members, could be more dangerous than bringing them back to face prosecution.

Mr Hall told The Independent that the “merits” of citizenship deprivation should be examined, as it has become the “main counter-terrorism response” to surviving Isis members from the UK.

“I felt that it ought to be reviewed and I don’t think it’s subject to sufficient oversight,” he added.

Mr Hall also called for greater transparency over the treatment of British people who joined the Syrian conflict to fight against Isis, as part of the Kurdish People’s Protection Units (YPG).

At least five people have been charged with terror offences linked to the YPG, including volunteer fighters and relatives who supported them, despite the fact the group is not a terrorist organisation and was supported by the British military and international allies.

None of the cases led to a guilty verdict and most prosecutions were dropped before a jury was asked to consider verdicts. Where defendants have demanded an explanation, the Crown Prosecution Service has refused.

Mr Hall said it was “regrettable that greater transparency could not have been achieved” and suggested that the attorney general could explain the rationale behind YPG-linked terror charges to parliament.

Authorities reserve the right to withhold information that may damage national security, but the government’s unwillingness to detail the rationale behind its strategy on both Isis and YPG fighters risks appearing more cowardly than cautious.