There are about 2000 foreigners detained by the Syrian Democratic Forces in northern and eastern Syria

Britain has refused to repatriate its citizens languishing in overcrowded jails in Syria, despite requests from the Kurdish administration

Britain has refused to repatriate its citizens languishing in overcrowded jails in Syria, despite requests from the Kurdish administration CREDIT: CBS

British Islamic State suspects are set to go on trial in Syria from next month, ending a years-long impasse between the Kurdish authorities holding them and the UK Government over their fate.

The cases of 10 British Islamic State of Iraq and the Levant (Isil) detainees are due to be heard alongside 2,000 other foreigners currently in the detention of Western-backed Kurdish-led Syrian Democratic Forces (SDF) in north-east Syria.

Thousands more foreign women and their children are also being held in crowded camps.

The UK and most other Western members of the international coalition against Isil have so far refused to repatriate their nationals from Syria, citing security concerns. The Kurds, meanwhile, have been warning for nearly two years that they cannot hold them forever.

The trials may be looked upon favourably by Western governments as, unlike Iraq and the Syrian state, the Kurds do not impose the death penalty – in line with Britain’s opposition to its use.

While there was no official announcement, Abdulkarim Omar, the co-chair of the Foreign Affairs Ministry of the Autonomous Administration, yesterday informed Finland of their intention to start trying foreign Isil suspects, with or without their home country’s cooperation.

The Telegraph confirmed the development – which would see foreigners on trial in Kurdish courts for the first time – with three independent sources.

“No state accepted to repatriate their own ISIS members and try them at home,” said Mr Omar after meeting with the Finnish government. “Then, we proposed to set up an international court for ISIS in this region, but sadly this was also without result.

“As these prisoners must be tried, we have now made the decision to start putting these foreign ISIS fighters on trial, starting at the beginning of March,” he said.

Thousands of local Isil suspects have already been tried in counter-terrorism courts in north-eastern Syria, an autonomous area known as Rojava to Kurds. The Kurdish legal system is based on international law and hence does not execute prisoners.

Mohammed Anwar Miah, 40, a pharmacist from Birmingham, denies being a member of the Islamic State

Mohammed Anwar Miah, 40, a pharmacist from Birmingham, denies being a member of the Islamic State CREDIT: Sam Tarling, The Telegraph

The Telegraph last year visited one such court, where judges heard and passed judgement on several cases a day. The paper saw suspects receive sentences of between two to 15 years, though judges reserve the right to issue life sentences when the accusations are particularly grave.

The decisions of the court are not binding outside of the self-administration, however, as the Kurds in Syria do not have international recognition despite fighting alongside the coalition in the war on Isil.

Should the courts pass sentences down on British suspects, the UK would not be compelled – legally or otherwise – to accept them home after they were considered spent.

A French official recently said the best solution was for suspects to be tried in the region, where they committed their crimes. A handful of French Isil suspects have been handed over to the neighbouring Iraq for trial.

There was no immediate reaction from the UK Foreign Office, however the development was described as a “mixed proposition” by one foreign official.

Many EU countries fear that due to the difficulty of evidence gathering in war zones, Isil supporters could be quickly released once they appear in court after returning home.

Counter-terrorism experts on Thursday described the idea as a short-term solution to a long-term problem.

“If there are custodial sentences, then what happens at the end of the prison sentence? Are these guys just released? Don’t forget, Western countries are determined not to take these people back,” said Shiraz Maher, director at the International Centre for the Study of Radicalisation and Political Violence at King’s College London.

“Public sentiment in the UK is hardening, of course, against taking these people back after three recent attacks perpetrated by those from within, or recently released from, the prison estate. Prisoner control and deradicalisation is right back as a top policy issue.”

Source – The Telegraph