The European Court of Human Rights has formally demanded the UK government justify its decision to revoke Shamima Begum's British citizenship, raising questions about whether she was a victim of trafficking and if the state failed in its obligations to protect her.
The Strasbourg-based court has instructed the Home Office to answer whether it violated Article 4 of the European Convention on Human Rights - which prohibits slavery and forced labour - when then-Home Secretary Sajid Javid stripped Begum of her citizenship in 2019. Judges asked: «Did the Secretary of State have a positive obligation, by virtue of Article 4 of the Convention, to consider whether the applicant had been a victim of trafficking, and whether any duties or obligations to her flowed from that fact, before deciding to deprive her of her citizenship?»
Begum, now 26, travelled from east London to Syria aged 15 in 2015 to join Islamic State. She married a Dutch ISIS convert, had three children who all died as infants, and currently lives in the al-Roj detention camp in Syria alongside thousands of former jihadis. The UK Supreme Court upheld the citizenship revocation decision in August last year.
Trafficking Claims at Heart of Legal Challenge
Her lawyer Gareth Peirce argued: «It is impossible to dispute that a 15-year-old British child was in 2014/15 lured, encouraged and deceived for the purposes of sexual exploitation to leave home and travel to Isil-controlled territory for the known purpose of being given, as a child, to an Isil fighter to propagate children for the Islamic State.»
Peirce added that Javid «had failed entirely to consider the issues of grooming and trafficking of a school child in London and of the state's consequent duties» when making the citizenship decision. Birnberg Peirce Solicitors, representing Begum, described the ECtHR intervention as an «unprecedented opportunity».
Political Fury Over Court Intervention
The move sparked immediate political backlash. Shadow Home Secretary Chris Philp declared: «Begum chose to go and support the violent Islamist extremists of Daesh, who murdered opponents, raped thousands of women and girls and threw people off buildings for being gay. She has no place in the UK and our own Supreme Court found that depriving her of citizenship was lawful.»
He added: «It is deeply concerning the European Court of Human Rights is now looking at using the ECHR to make the UK take her back.» Philp said he would raise the case in Parliament with the Home Secretary.
Reform UK leader Nigel Farage called the intervention «outrageous». He told the Express: «It's outrageous that a major decision like this of national interest can be made in the ECHR - it shows why we must leave.» He insisted: «She must not be allowed back.»
Government Vows to Defend Decision
A Home Office spokesman responded: «The Government will always protect the UK and its citizens.» The spokesman added: «That is why Shamima Begum - who posed a national security threat - had her British citizenship revoked and is unable to return to the UK.» The government stated: «We will robustly defend any decision made to protect our national security.»
Home Secretary Shabana Mahmood has vowed to fight any attempt by Strasbourg judges to overturn the 2019 decision. The ECtHR has given the UK government months to provide answers to its questions.
Note: This article was created with Artificial Intelligence (AI).
