Challenge to lawfulness of UK facilitation of the death penalty


A seven-judge panel of the Supreme Court is today hearing an expedited appeal in Elgizouli v Home Secretary, a case concerning the lawfulness of the Government’s knowing facilitation of the death penalty by the United States. The Appellant challenges the Home Secretary’s decision to authorise the provision of mutual legal assistance to the US in support of a possible capital prosecution against her son without first obtaining an assurance that the death penalty will not be imposed.  The Appellant argues that the decision was unlawful at common law and contravened the Data Protection Act 2018. Richard Hermer QC and Edward Craven are representing the Appellant. Mark Summers QC is representing the intervener, Reprieve.