UK citizens at risk of death penalty or Guantanamo Bay under new deal with US, parliamentary inquiry warns
Exclusive: Extraditions set to rise with fast-track data-sharing – but investigation pours scorn on claim that UK can secure ‘credible assurances’ to prevent executions
'Someone could be sent to the US, sentenced to death and live on death row forever - or put to death', The Independent is told
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AP
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UK citizens are at risk of the death penalty in the US – or of being sent to Guantanamo Bay – under a fast-track data-sharing deal struck by Priti Patel, a parliamentary inquiry is warning.
The home secretary also comes under fire for keeping the details of the agreement reached with Washington under wraps when it was announced as a breakthrough last month.
The deal will give police and intelligence agencies speedy access to electronic communications sent by terrorists, serious crime gangs and white-collar criminals.
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But the investigation, by a House of Lords committee, has poured scorn on a claim that the UK will be able to contain “credible assurances” that extradited suspects will not be put to death.
It also strongly criticises the “asymmetric” nature of the arrangement – which will give the US far greater powers to target UK citizens than vice-versa.
Robin Hodgson, a Conservative peer and former MP, told The Independent: “What does that mean? What is a credible assurance?
“Where there is separation of powers, how does a politician give a credible assurance that a court will not impose the death penalty, or – if it does impose it – carry it out?
“As a result of this agreement, someone could be sent to the US, sentenced to death and live on death row forever – or put to death, unless that credible assurance works.”
Lord Hodgson, who chairs the Lords’ Secondary Legislation Scrutiny Committee, also pointed to the vastly different powers the agreement will hand to London and Washington.
Are these the last days of Guantanamo?
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Are these the last days of Guantanamo?
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A prisoner paces before evening prayers at the "Gitmo" detention center
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Permitted items for prisoners sit out on display during a media tour of the "Gitmo" maximum security detention center
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uidelines for distribution of materials to prisoners are displayed in the library of the Guantanamo Bay Detention Center
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An outdoor recreation area stands within the "Gitmo" maximum security detention center
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A prisoner paces before evening prayers at the "Gitmo" detention center
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A guards walks into the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. The U.S. military's Joint Task Force Guantanamo is still holding 60 detainees at the prison, down from a previous total of 780. On his second day in office in 2008 President Obama issued an executive order to close the prison, which has failed because of political opposition in the U.S.
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A U.S. medic stands in the detainee clinic of the "Gitmo" maximum security detention center
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A training dummy lies inside the detainee clinic of the "Gitmo" maximum security detention center
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A television, protected by plexiglass, plays an Arabic music show at the "Gitmo" maximum security detention center
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A commemorative plaque stands in front of the maximum security Camp 6, at the "Gitmo" detention center
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A medic stands in the detainee pharmacy of the "Gitmo" maximum security detention center
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A television, protected by plexiglass, plays an Arabic music show at the "Gitmo" maximum security detention center. Naval Station at Guantanamo Bay, Cuba. The U.S. military's Joint Task Force Guantanamo is still holding 60 detainees at the prison, down from a previous total of 780. On his second day in office in 2008 President Obama issued an executive order to close the prison, which has failed because of political opposition in the U.S
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Prisoners stand in a common area at the "Gitmo" maximum security detention center
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A prisoner waits for evening prayers with a towel over his head at the "Gitmo" detention center
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Feeding tubes sit on display in the detainee clinic of the "Gitmo" maximum security detention center
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Prisoners bow during evening prayers at the "Gitmo" detention center
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Prisoners bow during evening prayers at the "Gitmo" detention center
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A prisoner prepares to wipe his face before evening prayers at the "Gitmo" maximum security detention center
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A prisoner prepares to eat lunch at the "Gitmo" detention center
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U.S. military officers enter the "Gitmo" maximum security detention center
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Prisoners bow during evening prayers at the "Gitmo" detention center
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Permitted items for prisoners sit out on display during a media tour of the "Gitmo" maximum security detention center
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A prisoner helps another with his hair as they prepare for evening prayers at the "Gitmo" detention center
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A prisoner paces before evening prayers at the "Gitmo" maximum security detention center
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A U.S. Army soldier stands outside the entrance of the "Gitmo" detention center
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A U.S. Navy doctor displays a restraint chair in the detainee clinic in the "Gitmo" maximum security detention center
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A U.S. military guard listens to a prisoner's request at the "Gitmo" maximum security detention center
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A television plays a program from Mecca, Saudi Arabia as the military conducts a media tour of the "Gitmo" maximum security detention center
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A military officer displays copies of Harry Potter books in Arabic and English at in the library of the "Gitmo" maximum security detention center
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A U.S. Naval officer stands at the entrance of the U.S. prison at Guantanamo Bay, also known as "Gitmo"
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Grass grows around razor wire at Camp X-Ray, a closed section of the U.S. prison known as "Gitmo"
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A prisoner paces before evening prayers at the "Gitmo" detention center
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Permitted items for prisoners sit out on display during a media tour of the "Gitmo" maximum security detention center
Getty Images
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uidelines for distribution of materials to prisoners are displayed in the library of the Guantanamo Bay Detention Center
Getty Images
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An outdoor recreation area stands within the "Gitmo" maximum security detention center
Getty Images
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A prisoner paces before evening prayers at the "Gitmo" detention center
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A guards walks into the "Gitmo" maximum security detention center on October 22, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. The U.S. military's Joint Task Force Guantanamo is still holding 60 detainees at the prison, down from a previous total of 780. On his second day in office in 2008 President Obama issued an executive order to close the prison, which has failed because of political opposition in the U.S.
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A U.S. medic stands in the detainee clinic of the "Gitmo" maximum security detention center
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A training dummy lies inside the detainee clinic of the "Gitmo" maximum security detention center
Getty Images
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A television, protected by plexiglass, plays an Arabic music show at the "Gitmo" maximum security detention center
Getty Images
10/31
A commemorative plaque stands in front of the maximum security Camp 6, at the "Gitmo" detention center
Getty Images
11/31
A medic stands in the detainee pharmacy of the "Gitmo" maximum security detention center
Getty Images
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A television, protected by plexiglass, plays an Arabic music show at the "Gitmo" maximum security detention center. Naval Station at Guantanamo Bay, Cuba. The U.S. military's Joint Task Force Guantanamo is still holding 60 detainees at the prison, down from a previous total of 780. On his second day in office in 2008 President Obama issued an executive order to close the prison, which has failed because of political opposition in the U.S
Getty Images
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Prisoners stand in a common area at the "Gitmo" maximum security detention center
Getty Images
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A prisoner waits for evening prayers with a towel over his head at the "Gitmo" detention center
Getty Images
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Feeding tubes sit on display in the detainee clinic of the "Gitmo" maximum security detention center
Getty Images
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Prisoners bow during evening prayers at the "Gitmo" detention center
Getty Images
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Prisoners bow during evening prayers at the "Gitmo" detention center
Getty Images
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A prisoner prepares to wipe his face before evening prayers at the "Gitmo" maximum security detention center
Getty Images
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A prisoner prepares to eat lunch at the "Gitmo" detention center
Getty Images
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U.S. military officers enter the "Gitmo" maximum security detention center
Getty Images
21/31
Prisoners bow during evening prayers at the "Gitmo" detention center
Getty Images
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Permitted items for prisoners sit out on display during a media tour of the "Gitmo" maximum security detention center
Getty Images
23/31
A prisoner helps another with his hair as they prepare for evening prayers at the "Gitmo" detention center
Getty Images
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A prisoner paces before evening prayers at the "Gitmo" maximum security detention center
Getty Images
25/31
A U.S. Army soldier stands outside the entrance of the "Gitmo" detention center
Getty Images
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A U.S. Navy doctor displays a restraint chair in the detainee clinic in the "Gitmo" maximum security detention center
Getty Images
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A U.S. military guard listens to a prisoner's request at the "Gitmo" maximum security detention center
Getty Images
28/31
A television plays a program from Mecca, Saudi Arabia as the military conducts a media tour of the "Gitmo" maximum security detention center
Getty Images
29/31
A military officer displays copies of Harry Potter books in Arabic and English at in the library of the "Gitmo" maximum security detention center
Getty Images
30/31
A U.S. Naval officer stands at the entrance of the U.S. prison at Guantanamo Bay, also known as "Gitmo"
Getty Images
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Grass grows around razor wire at Camp X-Ray, a closed section of the U.S. prison known as "Gitmo"
Getty Images
The UK would only be allowed to obtain data on its own citizens – while the US would be able to demand it from a UK citizen travelling abroad, or an EU citizen living in the UK but abroad.
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“We are making it clear that that the next parliament should ask ministers to explain that asymmetry and that extraordinary wording about obtaining credible assurances,” Lord Hodgson added.
The committee’s report, published as parliament was dissolved for the general election, also criticised the “alarming” risk of the handover of data leading to a UK citizen’s transfer to Guantanamo Bay.
The notorious US camp, on the island of Cuba, remains open with around 40 prisoners, despite international condemnation of the indefinite detention and torture of terror suspects.
In evidence to the peers, the Home Office argued the risk of a UK citizen being extradited and sent to Guantanamo Bay was “very limited” but “theoretically possible”.
But their report concluded: “While these assurances are helpful, given the gravity of the matter, we take the view that even a theoretical possibility is alarming.”
Alexanda Kotey and El Shafee Elsheikh, from the so-called “Beatles” cell, were transferred from detention in Syria into US custody in Iraq last month and are expected to be flown to the US to face the death penalty.
Now the new data-sharing agreement is poised to trigger more such cases by replacing the current, cumbersome “mutual legal assistance” treaty with fast-track arrangements.
It currently takes police and security services between six months and two years to request and obtain electronic data, the government says.
The new deal will compel Facebook, Google and Twitter to hand over the content of emails, texts and direct messages – and require the same of UK companies holding information sought by US investigators.
Ms Patel last month hailed the historic agreement as the way to “dramatically speed up investigations, allowing our law enforcement agencies to protect the public”.
However, it had not approved by parliament before dissolution, ensuring it will be a controversy when the new crop of MPs gathers after the election on 12 December.
The Home Office declined to respond to the criticisms, but pointed out that the US would not be permitted to target people while they were in the UK.
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