Top European court demands answers from UK over stripping of Shamima Begum’s citizenship
A top European court has demanded a response to Britain’s decision to denaturalize Shamima Begum, who traveled to join the so-called Islamic State when she was 15.
The European Court of Human Rights raised questions about whether Britain’s home secretary had fulfilled his responsibilities to victims of human trafficking before revoking their citizenship in 2019.
Ms Begum traveled from Bethnal Green, east London, to ISIS-held territory a decade ago.
Ten days after arriving in Syria, she was “married” to ISIS fighter Yago Riedijk, a Dutch-born convert to Islam and a convicted terrorist.
He was stripped of his British citizenship in February 2019 on the grounds that he posed a threat to national security.
In 2020 the Court of Appeal ruled that he should be allowed to return to the UK so that this decision could be challenged fairly. But a year later, the Supreme Court unanimously ruled against bringing Begum back. He stays in a Syrian camp.
A document published by the European court earlier this month shows Ms Begum challenged the decision under Article 4 of the European Convention on Human Rights, which prohibits slavery and forced labour.
One of the four questions put to the Home Office by judges in Strasbourg asks: “Did the Secretary of State have a positive obligation under Article 4 of the Convention to consider whether the applicant was a victim of trafficking and whether any duties or obligations arose on him before deciding to deprive the applicant of his nationality?”
Birnberg Peirce Lawyers, who represented Ms Begum, said the court’s communications “presented an unprecedented opportunity” for the UK and Ms Begum to “grapple with the significant issues raised in her case which have so far been ignored, disregarded or violated by previous UK administrations”.
Lawyer Gareth Peirce said: “It is impossible to dispute that a 15-year-old British boy was tricked, encouraged and deceived into leaving his home and traveling to ISIS-controlled territory for the purpose of sexual exploitation in 2014/15, and that he was tricked, encouraged and deceived as a child for the known purpose of being given to an ISIS fighter to raise children on behalf of the Islamic State.
“It is equally impossible not to accept the catalog of failures to protect a child who was known weeks in advance to be at high risk when a close friend disappeared in the same way and via the same route to Syria.
“It has long been recognized that the then home secretary, Sajid Javid, in taking a hasty decision to strip Ms Begum of her citizenship in 2019, completely disregarded the issues of the care and dealing of a London schoolchild and the consequent duties of the state.”
He also noted the Labor government’s decision to make the care and protection of victims of trafficking a national priority.
But a Home Office spokesman said any decision taken to protect national security would be strongly defended.
“The government will always protect the United Kingdom and its citizens,” the spokesman said. “This is why Shamima Begum, who poses a national security threat, had her British citizenship revoked and cannot return to the UK. We will strongly defend any decision taken to protect our national security.”
The Conservatives said Ms Begum should not be allowed back to the UK “under any circumstances”.
Shadow Home Secretary Chris Philp said: “Begum chose to go and support ISIS, the violent Islamic extremist group who murder their opponents, rape thousands of women and girls and throw people off buildings because they are gay.
“He has no place in the UK and our Supreme Court has ruled that it was lawful to strip him of his citizenship. It is deeply worrying that the European Court of Human Rights is now trying to use the ECHR to ensure the UK takes him back.”
